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Parents transfer property to brother can I claim share
30-Jun-2023 (In Property Law)
We are Two Brothers and One Sister. My Father got the property share from my Grandfather through Partitioned deed during his Life Time. Now it is in my Father’s name and he was constructed 5 Houses (2 Houses in Father Name and 3 Houses in Mother Name) on that place and earning House Rents from these Five Houses. Recently My Father and Mother transferred the entire property (having 5 Houses) to my Brother through Gift Deed. My Father, Mother, Brother and Sister is still Live. Is there any possibility for me and my Sister to claim our share from my Brother?
Hi
Since your father obtained the property from his father through a partition deed(is it registered ?), it becomes his absolute property.
However you and your sister can claim that the seed for constructing the houses came from ancestral property and hence can claim a share of the property stating that it is ancestral. you can also challenge the gift deed by stating that it was obtained under fraud, coercion and undue influence. however since your father and mother are alive, better challenge the property as ancestral property. that way you can bring pressure on your parents and brother and a good lawyer can also turn around the facts and help you and your sister get your share of property using strategies in attacking the very nature of property and also the existence of undue exertion, coercion by the brother to grab the properties to his benefits to the exclusion of other siblings(i.e you and your sister). In your case , it is important to hire a good lawyer.
Since your father obtained the property from his father through a partition deed(is it registered ?), it becomes his absolute property.
However you and your sister can claim that the seed for constructing the houses came from ancestral property and hence can claim a share of the property stating that it is ancestral. you can also challenge the gift deed by stating that it was obtained under fraud, coercion and undue influence. however since your father and mother are alive, better challenge the property as ancestral property. that way you can bring pressure on your parents and brother and a good lawyer can also turn around the facts and help you and your sister get your share of property using strategies in attacking the very nature of property and also the existence of undue exertion, coercion by the brother to grab the properties to his benefits to the exclusion of other siblings(i.e you and your sister). In your case , it is important to hire a good lawyer.
Helpful?
13+
13+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Sir,
In the instance , since the property is ancestral one , your father can not gift the property to one son . it would be partitioned among the all thee legal heirs , hence you and your sister can claim share in the property
In the instance , since the property is ancestral one , your father can not gift the property to one son . it would be partitioned among the all thee legal heirs , hence you and your sister can claim share in the property
Helpful?
20+
20+
Adv. Krishna Murthy Pasupula
Hyderabad | 100+ Answers
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