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Vivek Singh (Software Engineer)     07 November 2011

Urgent(plz help):uncles claiming rights in father's property

My grandfather didn't had any property of his own. My father is eldest brother and built some some properties including 2 shops and 2 houses out of his own hard work. He registered 1 house and 1 shop in his mother's name, and another house and shop in his own name.

Now my uncles who are younger brothers to my father are claiming ownership in all the property. My father is willing to give properties in my grand mother's name completely to them, even though they were built with his own hard work only. But we don't want the properties in my father's name to share with them, as every single penny was of my father's hard work.

Can my uncles claim their rights over my father's registered properties claiming they were built using any ancestral sources? My father didn't had any ancestral property, how can he prove that the property he acquired were not using any ancestral source?



Learning

 1 Replies

Advocate Vishnu (Advocate)     15 November 2011

Dear gopal,

From your query it is very clear that the properties are the self acquired properties of your father as your grand father did not have any property in his name. If your grand mother executes a will/settlement deed in your father's favour it will become his absolute property. ( depriving your uncles of any right in it)

Your uncles cannot succeed in your case, if they initiate a suit for partition.


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