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Share in father's property after getting Disown from property
13-Dec-2023 (In Property Law)
Hello , My Mother died in 2003 , i have a father ,younger brother . i was married in 2006, after marriage me and wife moved out after some time and due to fear of dowry case my father disowned me and my wife by publishing the Bedakhali notice in newspaper and getting a affidavit typed for the same, my Younger brother is in possession of the same. my father got sick recently and i visited him few times.father died last month. younger brother is not giving me property and is showing me the notice of disowning and saying you dont have any right in the house made by father. what can i do? do i have a chance to claim 50% in the house? (house was bought by father) and what legal action i can take to do that? Thanks, Kunal
You have fifty % righting the house and property whichever is left behind your father. Only on the basis of affidavit your brother can not grab your share. You should file suit for partition and injunction so that he may not dispose that property in anyanner
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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You can claim half of the share in ur father's property as per Hindu Succession Act, 1956... Separation will not affect u.... As the law has been changed after the passing of the said act. Before 1956 the law was different.
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Adv. Abhishek Mittal
Chandigarh | 25+ Answers
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Notice of disowning alone does not debar you from claiming right in the property of your father. You have legal right to inherit property of your father. You have to file Suit for possession and declaration, and in quick time
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