Property sharing
Nitin Divate
(Querist) 12 November 2013
This query is : Resolved
My father had 30 acres land from his father before 15 Years ago my father separated his property in the name of following
1) My first brother- 5 acres
2) Middle Brother- 5 acres
3) My self - 5 Acres
4) My Mother - 5 Acres
5) In His name( Father)- 10 acres
All these property he share among all of us before 15 yrs ago.
Now My father 10 acres and mother 5 acres total 15 acres they given to my first brother also register in my brother name.
My father and mother both are live.
My Question is can I legally claim property from my father and mother share.
BAALASUBRAMANNYAMM
(Expert) 12 November 2013
You, being a grand son, in case of partition, you are entitled only to the extent of 1/5th share, which comes to 6 Acres, towards your share, but any how you got 5 acres. So only 1 acre is in dispute, as of you. Otherwise, you have no right to claim over the share of your mother and father. They have every right to give, what ever they want. Moreover, you have not mentioned whether sisters are there or not.
Nitin Divate
(Querist) 12 November 2013
yes we 5 sister but they all of us not interesting in our property
Rajendra K Goyal
(Expert) 12 November 2013
How the property was got by your father from your grand father by will, by gift or after his demise intestate. If your Grand Father expired intestate sisters and other brothers of your father are also entitled in the land.
If Land was received by your father from your Grand father other than a gift or will the property would be divided among your brothers and sisters.
However, You can not claim property of your father till he is alive.
Nitin Divate
(Querist) 12 November 2013
my father and mother given his share to my first brother. question is can I claim from father and mother share. all land got my father from grandfather death
ajay sethi
(Expert) 12 November 2013
we presume it is grandfather self acquired property . your father inherited 30 acres of land . he has distributed 15 acres equally among his 3 sons . he can gift his share as he desires
Raj Kumar Makkad
(Expert) 12 November 2013
I do endorse the advice of Ajay and opine accordingly that you have got no legal right to challenge the decision of your parents in the given case.
Nitin Divate
(Querist) 13 November 2013
Thanks for your reply. But till I have question Father distribute their land in equal share to among 3 brother and Mother, ie 5 acres each.But father share is 10 acres. means they had additional 5 acre land so I can claim from this 5 acres,
Rajendra K Goyal
(Expert) 10 May 2016
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