Dear All,
We are father, brother, I and sister. We siblings are majors.
My father says he can revoke the property he bought for my mother using his money. The money again is not his but from the sale of the ancestral property of his father's/grandfather's. Dad says that it is his money (he earned it seems) and has rights to take back the property from my mom and also sold certain portions of the property. I know it is not a not a gift. Does he have any rights to take back and sell the property?
Mom had 5 acres.
Out of 5 acres of my mom's land (Dad changed the name of my mom's land to his name fraudulently), he sold 1 acre. Sister has already got 1.75 acres out of the settlement between my mom and sister back in 1989. But that document was never registered with government. My father says my sister does not have any rights in my mom's land since she got the 1.75/5 acres through settlement from my mom's property. Is it true? Is that settlement means my sister cannot claim anything from my dad's property? Note: - Settlement is only for my mom's property.
Also my father has property (3.0 acres) on his own name. He did not give any share to any of us and sold 1 acre to 3rd party in 1998 more than his share (0.75 acres) without our consent and we brought back the land from the 3rd party in my name and brother's name. We have filed a suit to divide the remaining property (2.0 acres) among the three of us (father, brother and myself). Now he claims that we have justified his sale and he has 1/3 rights in the remaining property (2.0 acres) and claims that our sister does not have any rights. Did I and my brother recognize the sale of my dad's? Does my sister forfeit her right on my dad’s property?
Dad is selling the property during the suit pending in front of judiciary? Is it legal?
Now sister is claiming that she too has a share in 3.0 acres. My sister is not involved in the purchasing back the land from 3rd party (that means she did not recognize the sale). If my sister's claim is successful then does it means all sale by my father without our consent be nullified? If yes, what share would each of us (my father, sister, brother and I) get? We claim dad has exhausted his share by selling 1 acre and now we 3 siblings are entitled for whole 3 acres. Please clarify me. Thanks for your time and valuable advice.
Thanks,
Anbu.
