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Legal rights on ancestral commercial property
19-Jan-2023 (In Property Law)
My Religion- Hindu Dear Sir/Madam, My father is the owner of sets of commercial properties (shops rented in bazaar) inherited from his father, his grandfather devolved lineage which is currently rented out for commercial purposes. The rental income for the entire property is collected and used up by my father to himself for the past 20 years since his inheritance. All these properties are transferred to him through a Will (95%) & gift deed (5%) from his parents. As part of the discrimination behavior without conscience towards me, now my father threatens me saying that he is going to pass on the entire property to my elder brother through a legal process in future. Is it possible to claim my legal share on the above said property when both my father & mother are alive? If possible kindly let me know the procedure to be done vividly. Expecting your kind guidance as a trail reply for my above query..
Your father got the property from his father through a will which is a testamentary succession.If without​ any deed if your grand father left the property then you are having right to claim your share in the anscesteral property, even though it is grandfather's property he made a will and gift, which he is having right to dispose the commercial complex on his own accord.Hence your father is having every right to dispose of the property according to his desire.
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Adv. B.A.Zahirudeen
Mayiladuthurai | 25+ Answers
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Your question is not clear. I could not understand whether the property is owned by your father self earned or ancestral one. If it is self earned property it is his right to dispose of the same to anyone and in this case he has every right to give the property to your elder brother. You have no legitimate claim over the self earned properties of your father.
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