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What to do if fathers brother claiming right in self acquired property


06-May-2023 (In Property Law)
Dear Sir/Ma'am, I look forward your legal advice on the following matter. My grand father has two sons(my father and uncle) and one daughter(married). My grand father passed away in 2002 and grand mother passed away in 2015. My father is a farmer(live in the village) and uncle is retired Govt. servant(Live at BBSR in his own house). My father asked my uncle to build a house in the village after my grand father's death, my uncle said i am not going to stay in the village so I have already built my house at Bhubaneswar and you can build your house in the village and I will not take anything from the ancestral property. So after few years my father started building a house in village and I also contributed all my salary for the house house as my father's income was not sufficient for the house. Now my uncle says to divide the property. So we proposed to divide all the properties except the house. Now he wants everything to be divided equally.He has not spent a single penny in the house
Answers (2)

Answer #1
877 votes
Let your uncle file a partition suit. We will give a strong written statement/ objection. But your case is quite in favour of him actually. Though it's a ancestral property , nothing much can be done to prevent him from claiming his share.
Answer #2
875 votes
As per law all the children ofrom your grandfather has equal rights on the property. Now when it comes to the house if you can prove in the court that the bills for construction paid by you then you may get little advantage. Consult a lawyer for further guidance

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