PROPERTY NOT REGISTERED AND OWNER DEAD. WHAT ARE MY LEGAL OPTIONS ?

838 votes

Dear Sir, there is no special consideration for 3rd son in the eye of law until and unless during the life time of his father made WILL or Gift or any other types of property transferred of his self acquired property. As per your query, there is no seen, hence, all are having equal rights over the said property as per legal heirs of their father.

Advocate Chandrashekhar Vithal Jadhav LawRato

714 votes

In your case, you cant take special consideration. You have he equal share in the said property. You cant claim for your dedicated work with regard to the taking care of your father. It is the morel obligation. But if your brother will given, then no problem. But not, you cant claim the benefit under morel obligation to your father.

Please file partition suit first and claim your share in that property and in that petition also claim the extra benefit.

Advocate M Lakshmikanth Arya LawRato

599 votes

The 3rd son has done his duty being a son to his father. Whether property is ancestral or self acquired if it is self acquired property of his father and he has died intestate means all the sons have equal rights in the property and it can't be denied. If it is ancestral property then also all the sons have equal rights. If it is self acquired and father has executed a will or gift deed to 3rd son means it will go to him only.

Advocate Rajesh K.S LawRato