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Legal procedure if one son is denied right in ancestral property


16-Apr-2023 (In Property Law)
Ihve one doubt If head of the family want to give his whole self acquired and anceatral property to his one son even another son financially give help to build a house but even head of family dont allow them to stay in that well my question is will that head of family bedhakhal the second son from his property and throw their assests in the rooms of that house out Reply as early as possible I want only answer of this question here Legally what is the exact procedure and what the second son can do in this case ??? Religion hindu
Answers (3)

Answer #1
626 votes
U have queries for two different properties one is self acquired proterty n other is ancestral
In self acquired property the land or property owner will have full right to disown anyone n he also has the right to transfer or gift the property to anyone even if any of his son has invested in property
But in ancestral property a son cannot be excluded from the ancestral n a son cannot be disowned from ancestral property
Answer #2
940 votes
son can't claim on the self acquired property but in the ancestral property he can file the civil suit and declare the property are ancestral and the house construct upon the income of the ancestral property. afterthis he can claim the share in the property
Answer #3
689 votes
Dear client,

In the pursuance of your query I do hereby reply in the following manner:-

That head of the family can disallow his sons only from his self earned property not from the ancestral property as that son is legally entitled for the share in the purposed ancestral property.
That second son has paid to his elder or younger brother to build up his house. That would be consider as mutual contract or adjustment of property with each other. In other words they are doing fraud with you as I believe they must have promised you at that time when you have paid the money that, property will be divided accordingly. However that’s not happening and they are throwing you from the out of house.
That you are legally entitled for the ancestral property and there are possibilities to get a share in your fathers self earned property.

To clear more and do further assistance I need more facts.

Thanks,
Ajit singh thakur
New Delhi
Tis Hazari courts.

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.

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