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Yuvanthi Kumar (NIL)     18 February 2023

Ancestral property

My father got a share of 1209 square feet as part of family partition settlement in the year 1980 from the ancestoral property of my grand father. 2 daughters and 2 sons for my father.In the year 2009, my elder brother without consent and knowledge of me and my 2 sisters somehow executed a family settlement for 700 suare feet. 

 

Is that valid? No compensation was given to me ? 

 

Now he is also claiming share in the remaining of 500 square which is still in father's name undivided. My father died in 2011 without settling the 500 square feet in my name.. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     18 February 2023

First of all this is not ancestral property.

Upon inheritng his share in the property,  it becomes your father's self acquired property and your father becomes an absolute owner of the property, therefore the settlement deed made in favor of the elder son by your father is very much legally valid because it was the act of your father for which he need not obtain a consent from his other children.

Now since your father is reported to have died intestate, the remaining propertty shall devolve equally on his own legal heirs, therefore your elder brother has a right for a share in the remaining property too. 

1 Like

Dr J C Vashista (Advocate)     18 February 2023

The share of 1209 square feet as part of family partition settlement received by your father is his "self acquired" property which can be disposed by him as he desire.

 

1 Like

Yuvanthi Kumar (NIL)     19 February 2023

Thank you sir. What happened was before my father's death, he gave the undivided 500 square feet document to me to mortgage andconstruct house. Since he has no income he was co- applicant and I was the main applicant for 10 lakhs housing loan.. I have repaid 13 years and still 2 more years outstanding. In this situation, my brother claims he built the house and spent money for my marriage and asking refund for the same.. Also he has obtained a will from my mother forcefully..

What is the remedy for me? My mother is not supportive to me...

Dr J C Vashista (Advocate)     19 February 2023

Your father has given the property under which document, show it to a local prudent lawyer for proper analyses, professional advise and necessary proceeding.

Real Soul.... (LEGAL)     20 February 2023

If the settlement deed was from your father then you  were not suppoused to be party thereof and that is valid, 

But if it was between your brother and  sisters  and  you have signed the settlement deed and that is registered then it is difficult to challenge it ; however if the document is not signed by you then you can file for partition;

However your other shareholders i.e your sisters should join you to challenge the settlement deed. You can also file for partition of property.


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