Property sharing

Your father bought the property from the sale proceeds of 3 acres of ancestral property in the name of your eldest brother.  If you are ready to prove that the land bought in the name of your eldest brother with the sale of proceeds of ancestral property.  so the documents need to be verified.   consult an experienced lawyer and if necessary file a case. your counsel will guide you.  

Which personal law applies in your case?

Or are you all Hindu?

Who was 1st owner of said property; your paternal grandfather?

Or he acquired from his forefathers? If yes, who was 1st owner and how did property devolve upon your paternal grandfather say; inheritance/partition deed/gift etc?

You are son of 2nd wife of your father?

Did our father marry your mother after death of his 1st wife and marriage was duly solemnized as per customs of your faith say; Hindu customs?

Your elder brother as in query is son from 1st marriage of your father?

The sister in law as in query is wife of son from 1st marriage of your father?

As per your query your father is alive as on date.

Are you major/adult?

Are you male of female?

Are you married?

Confirm!

Succession opens on date of death.

Since as per your post your grandfather was title holder (owner) succession opens on date/month/year of his death.

His legal heir have 1st right : ClassI legal heirs if he was Hindu i.e. Mother (if alive as on date of his death), wife (if alive as on date of his death), sons, daughters…

Apparently his said property is not ancestral and is self acquired!

Grandchildren have no forced share in self acquired estate/property of grandparents.

Ancestral Property : should be four generation old………..or any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Ancestral Property : should be four generation old………..or any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Upon death of your paternal grandfather, if he did not leave any valid WILL succession sets in and your father becomes entitled to a share by inheritance. He might have become sole owner if all other legal heirs disposed their share in favor of your father by a valid/registered deed say; settlement/sale/gift/relinquishment/release/transfer deed etc?

The property that devolves by inheritance (and such deeds) is of nature self acquired!

The owner can dispose his/her self acquired in anyone’s favor by his/her sweet will.

So your father could very well sell the land that was his share/self acquired and utilize the proceeds to buy land in anyone of his child(ren)’s name.

Until or unless you have a share in said land in your father’s/brother’s name by any rule/law your claim may fail test of law.

In such case or litigation/altercation your father may dispose rest of his self acquired/ancestral estate (upto his share) in his life time leaving nothing for you.

Perspectives;  Better your relations with your father and win his care/affection and request him to transfer some estate in your mother’s/you/your brother’s names in his life time.

If your father deceases without disposing his estate/property by a valid deed in his life then succession shall set in and your mother/you/your brother may have a share provided the marriage with your mother was valid.

Obtain mutations records with all link docs from concerned official in O/o Authority under whose jurisdiction property falls say; Patwaari and understand nature of property is ancestral/self acquired…and also get copy of sale deed on which you have signed….

You might have signed as a witness/consenting witness only and sale is in your knowledge…

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in succession/civil matters and having successful track record …and worth his/her salt..for a considered opinion.

Avoid acting haste.

You may go thru ;

"'Child born from arrangement other than marriage has no right on Hindu Father's property!"

in Articles section....

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Apparently the property is not ancestral.

The property devolved upon your father (owned by his father) by inheritance. 

Generically speaking; nature of such property is self acquired.

You have posted property is partitioned between your father and his brother. Probably partition was with boundaries and registered. Nature of such (partitioned) property is self acquired.

The father can dispose his self acquired estate/property in anyone’s favor; be IT even stranger.

Your father is alive.

He in his life time and your step brother and anyone can gift any property to you.

If your father deceases without disposing his balance estate/property in anyone’s favor by a valid/registered deed then being his legitimate son and ClassI legal heir you are eligible for equal share.

Your step brother’s wife i.e. daughter in law of your father has NO forced share in estate/property of your father (her father in law). Your brother can ignore and act on his own. Her consent or NOC is not required.

 Rest IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt, for a considered opinion after examining all docs, inputs, facts…

If there is NO merit in your claim as per your own counsels also, then rather request your father to give you property than offending him with legal action.

Same Query;

https://www.lawyersclubindia.com/forum/Property-sharing-175751.asp

https://www.lawyersclubindia.com/forum/Property-rights-180016.asp

https://www.lawyersclubindia.com/forum/Property-rights-180016.asp

Other threads;

https://www.lawyersclubindia.com/forum/Family-property-share-issue-between-brothers-114953.asp

“My father, younger brother and me want to divide the share equally between us”.

https://www.lawyersclubindia.com/forum/Regarding-rules-and-regulation-on-stp-in-appartment-101096.asp

https://www.lawyersclubindia.com/forum/Regarding-rules-and-regulation-on-stp-in-appartment-101097.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=46801&offset=1

You seem to have a counsel for property matters.

What is the opinion of your own counsel that has examined everything?