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Mehak Patel   25 February 2016

Ancestral property dispute

Dear Sir/Madam, I am a permanent resident of Mumbai. I have 2 brothers and 1 sister. My father and mother both have expired and my father had a 2nd wife who is still alive with no kids. My father left behind a big plot costing 4 crores which gives earnings of 2 lakhs per month to my 2 brothers since last 20 years. I and my sister don't get any share from that earnings. Since the father and 1st mother both have expired now, I and my sister went to my brother and told him that we should also get the benefits of the plot but he said "you both don't have any right as the father in his lifetime had already given this piece of land to both of us (sons)". So I and my sister told him that this was never informed to us by our father but he is saying that our father had transferred that plot to his name and he is the current owner of the plot. So we would like to know what legal action can we take on him as without our permission, how can it be transferred to his name?. Also when we said that instead of giving us the earnings, if he can sell the plot and give us our share as per the Muslim family law, he is not agreeing on that as well and tells us that do whatever you want to do but I will not pay you a single penny. Please suggest what action can be taken against him.



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 1 Replies

Anish Thakur 7018812737 (advocate)     28 February 2016

Dear Querist ,

First of all gather information regarding the status and title of that property , after that if your father had made will or gift in the name of your brothers you can also cahllenge that in court if seems doubtful and can get stay orders. Second tell us if your father has died first or mother ? You can atleast have legal remedy so that no to go property easily in hands of your brothers.


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