LawRato

Legal action against brother claiming right in self acquired property


02-Jan-2023 (In Property Law)
Hello, my father's brother is claiming right to my fathers self-acquired property and he says that the property is acquired by taking aid from the ancestral property(which is not true). My grandfather is not alive and we are hindu undivided family. Please guide me than can my uncle claim right on the property in an exceptional cases.
Answers (3)

Answer #1
978 votes
Hello,
If the property is self acquired property thn your uncle cannot claim any right over the said property unless your father has executed any WILL etc. if not you being the heir and legal representative can claim the right in the said property.
Answer #2
686 votes
Greetings. As you said that your uncle is alleging that aid your father had taken from ancestral property firstly whether you uncle have any evidences/proofs about the same. as Mere allegations are baseless. Secondly if its self acquired, then your father must be having all evidences of its ownership. Who is Karta in your family? for more clear opinion visit me with all documents and details. thanks.
Answer #3
939 votes
Your uncle cannot claim in your father's self acquired property if it is acquired by independent income source other than H U F property.
If partition suit filed by your uncle in disputed property. Then you may lead evidence of self income source of your father by that income your father acquired disputed property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."