Property distribution

Abhishek (Querist) 23 April 2018 This query is : Resolved
‌Sir my father has a land which is inherited from my grandfather , 4 generations old and house in which was constructed by my father and uncle together . They have divided their farm land already 7yrs ago ,1) so question is whether it is my father's self acquired property or ancestral property & 2)we are 3 brother's ,I am the youngest and my parents live with me because my brother's are not willing to share responsibility. So whether my father can write me all the property or 50% of it if he wants as my brother's are threatening to take legal action considering it as ancestral property .3)There is a commercial land also in which he wants to give me the total front side .So whether it is possible if he wants to make a registered will . Can my brother's dispute his will ?

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Ms.Usha Kapoor (Expert) 25 April 2018
ON division/partition your father got his share to which he is the sole owner. Once he is the sole owner of his share that property he acquires all the trappings of a self acquired property. So your father can deal with that property in any manner he likes. Let him leave a will Or gift transferring his entire share of ancestral(self acquired) to you and also his commercial property to you. Your brothers have no legal right in your father''s share of that property.

P. Venu (Expert) 25 April 2018
Was the 'division' of property between your father and uncle carried out through a registered partition deed?

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