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Littlepoor (Engineer)     22 December 2011

Property in the name of elder brother

Hi all,

I have one elder brother and elder sister(married 10 years back) and I am the youngest one.
My father bought property on his name and my elder brother's name.
Now, in my father's name there are 8 acres of agricultural land and in my brother's name 2 acres of agricultural land.
Also in my elder brother's name my father bought 2 plots.
In 1st plot, he constructed house under government scheme and in the 2nd he constructed with the help of my father's retirement benefits and I also have given some money(3 lakhs).
Now there is nothing in my name. Till now there is no partition made, How can I get my equal part of my father's property. Is there any pre-cautionary method I should do. Please guide me, I feeling unsecured in this aspect.

 

thanks

Raj



Learning

 5 Replies

sweta sharma (l.l.b)     23 December 2011

Is the property of your father's is self -aquired or ancestral property.

Littlepoor (Engineer)     23 December 2011

It is not ancestral property. My father's self acquired property. Please suggest me some pre cautionary measures I should take. My father not yet spoken about dividing the property as I am staying away from my father due to my job, I am little bit worried about it.

thanks

Raj

sweta sharma (l.l.b)     23 December 2011

if u go through legally then its difficult to get the property.as the property belongs to your father so as his wish he can give to anybody said property.what u want to do?

1 Like

asendilvel (Consultant)     24 December 2011

Raj

chk out on yr dad's intentions

by n large properties still in your dad's name can be transfered to your name & that yr sister if he insists 

probably you may not challenge your bro's share

experts can intervene

1 Like

Littlepoor (Engineer)     29 December 2011

Thank you very much for response.

I want to add one more point to discuss. The property in the which house is constructed is intially registered in my brother's name. But since I have loan eligibility, he transfered that land to my name through a settlement deed only. At that time, Sub-registrar asked to include a line, saying that this settlement deed cannot be cancelled.  But due to circumstances, we constructed the house with my father's money and my savings. He then cancelled that settlement deed, without my knowledge, then I came to know after completing the construction only.

Here my queries are:

1. Can he cancel that settlement deed, will it be valid

2. Can I have that house as my share.

Please clarify me. Thanks in advance.

Raj


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