Can i challenge this ??
Vinay
(Querist) 15 December 2013
This query is : Resolved
Hello Everyone,
I am in a dilemma since few years. I am two brothers. We were close to our father. But I had to leave home and stay far for my job so now my big brothers take cares of my father. Though I meet my father regularly and try to fulfill my duties as a son as much as possible. But my father doesn’t like my wife. And he is inclined towards my brother family more. I do not complain as he lives with them.
We have few hectare lands at our village in Uttar Pradesh. Right now it is equally divided amongst us but it is not transferred legally on paper. We do agriculture on our respective lands. But from some times my father is showing signs that he may completely turn in favor of them and it won’t be a surprise if he transfer all properties to my brother under his influence.
My brother is completely against me and he uses every opportunity to capture whatever is left of home or any other ancestral buildings. He is living in two ancestral homes in village and not ready to divide it.
So my main question is, If somehow, under the influence of my brother emotionally or psychologically my father transfers property to him. Will there be any way left to challenge it? I do not want to ask my father to transfer my share on my name now. I do not find it morally correct.
Please tell me, what will happen if property gets transferred on my bothers name while my father is alive or in case when he is dead??
Note : We are doing agriculture on our share that means currently we are having the formal ownership but not legally.
Guest
(Expert) 15 December 2013
What type of formal ownership but not legally?
Vinay
(Querist) 15 December 2013
I meant to say that I am doing agriculture on my share of land right now but I don't have papers for those land on my name. They are on the name of my Father.
Devajyoti Barman
(Expert) 16 December 2013
You can file a suit for partition on the ground of partition verbally done by your father.
Do meet a local advocate and discuss this issue.
Rajendra K Goyal
(Expert) 16 December 2013
file suit for partition. Contact local lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 December 2013
If the property is self acquired property of your father, you cannot claim partition at this stage. However if you both are in separate possession of the lands between you two, you insist your father to settle the property in both of your names by aregistered settlement/partition deed to avoid the problems/dispute in the future.
M V Gupta
(Expert) 17 December 2013
ur query gives an impression that the land and buildings are ancestral property. Is this correct? If correct, then ur father cannot give away entire property to ur brother. U have a right by birth for equal share in the ancestral property. ur father can however give his share in the property to ur brother but cannot touch ur share. If however the land is self acquisition of ur father, then he can dispose it in whatever manner he may desire. u cannot demand partition.
Thyagarajan
(Expert) 17 December 2013
I agree with Expert Mr. Guptha. However when yr relation with yr father and brother are not that cordial how they are allowing you to do agriculture in part of land is strange.Are they after income you get from the land or you are enjoying?.You are at the mercy of yr father as he can stop you from indulging in work in the land.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
formal suit for participation is the answer.
you are occupant of the land.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
further as per UP Zamindari Abolition Act your land is liable to be confiscated if not put to agricultural use for two years
