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aman raj   29 June 2016

Paternal property

Respected sir/madam please give some time and suggest me .

my father is only son of my g.father.they stay with joint family of his uncle and his children.my father have 1 son and 6 daughter ,in 1969 my father 1st wife death .in 1970 my father apply a title suit for property to his mother and uncle in disctrict court and civil court judgment come on compermise in 1973.in that decision my father got a combined share with his minor son( 14 years).my grand mother got a seprate share she is died in 1983, in 1972 my father and his 2 uncle purchage a residential land in jointly . his uncle registred on his wife name and my father registerd on his son name on jointly paper .that land is now jointly ,and we are staying there by birth,     now  1976 my father have 2nd marrige with hindu law and two daughter and one son (my self).my family dependent on agriculture so my father sell above 50% land due to daughters marriege.my step brother in gov job and im also .now my step brother refuse to give me share of any land he say all property have his right only. sir please help me, i dont have any  right?

 

 



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 3 Replies

Kumar Doab (FIN)     29 June 2016

You have not drafted the query properly.

You ahve posted that:

 

"in that decision my father got a combined share with his minor son( 14 years).my grand mother got a seprate share she is died in 1983, in 1972 my father and his 2 uncle purchage a residential land in jointly . his uncle registred on his wife name and my father registerd on his son name on jointly paper"

 

 

It is believed that you are Hindu.You may confirm it.

Is your father alive? You may confirm it.

Is your grandfather alive? You may confirm it.

 

----"in that decision my father got a combined share with his minor son( 14 years)."

If you are Hindu then:

Your father and son are equal owners ( 50%).

If your father dos not dispose the property in his life time and deceases without leaving a valid WILL, then his wife and all children (from 1st & 2nd marriage ) shall have equal share from 50% share of your father.

 

----"my grand mother got a seprate share she is died in 1983"

 

If the grandmother has not left any valid WILL then her share shall devolve upon all children that are born from her own womb (If your grandfather is not alive. If he is alive then he shall also have equal share).

 

----"in 1972 my father and his 2 uncle purchage a residential land in jointly . his uncle registred on his wife name and my father registerd on his son name on jointly paper"

 

This son of your father is the owner and no none else.

 

Beyond this you may show all docs on record, mutation record, link documents to a very able counsel specializing in revenue/family/property/civil matters and give inputs for a considered opinion. 

If you have the evidence that the proeprty was purchased from joint family funds in the nmae of this son ( your step brother) then your lawyer may sugest after examination of evidence etc...............

 

 

 

aman raj   30 June 2016

yes sir i am hindu and my father is alive ,grandfather is not alive also my g mother not left alny bill.

sir im contact local lawyers the told you have right in all property by birth bcoz  your step brother is  minor that time , we dont have any evidence to proof my father give money to purchage that land. in 1972   purchage land not mutation yet that combine .

sir my father have right to registerd on my name half property.what huf lawy says.please please help me

Kumar Doab (FIN)     30 June 2016

If that particular property is HUF then you may have a share.

Rest a very able counsel specializing in revenue/family/property/civil matters that has examined all docs on record can advise you the best.


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