Hi,
My name is Kumar and I want to know my rights on the properties mentioned below.
Property 1:
This property was originally purchased by my Grand Mother through a registered sale deed in 1961.
Later my Grand Mother equally divided and gifted this to my Father and his brother through a registered Gift deed in 2004.
My Father has 2 sons (Myself and my elder brother). My Father Gifted his portion to my elder brother through a registered Gift deed without informing me in 2010.I have not agreed and have not signed to this Gift deed given to my brother.
This is a commercial property and my father and my brother are looking after a shop in this building. I am not in position of this property as I am currently employed.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
1. Do I have any rights to claim on this property?
(My Father is alive & My Grand Mother is also alive)
2. Whether this Gift Deed given to my brother is valid without my signature? (My Father is alive & My Grand Mother is also alive)
3. If I do not have the rights now, can I make a claim on this property after my Father's death?
This property was purchased by My Grand Father in the year 1969.My Grand Father died in 1987 without any will.So my Grand Mother partitioned this property equally between my Father and his brother in 2004.This was done through a registered partition deed.
My Father has constructed a building consisting of 4 floors in his portion. (Ground Flr + 3 Upper floors).
My Father has taken a bank loan of 20lakhs for constructing this building.
I have also signed this loan only as a Surety. There is currently still a loan of 18.5 lakhs. The approximate cost of the building is around 80 lakhs.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
- Do I have any right on this property? If yes, how much portion in the building I will be getting? My Father and Grand Mother are alive. I have 1 elder brother.
- I am currently staying with my wife and kid in the 3rd floor of this building. My Father and my elder brother are staying in the first floor. The remaining floors (Ground Flr & 2nd Flr) are given for Rent.
- I have also contributed financially in constructing this building but I do not have any proofs as I gave money through hard cash.
- If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
- If I file a Partition suit on this building, is it necessary that I should still be in position of this building? Because I am planning to vacate the building after filing a partition suit as the house I am staying is small. (I am currently staying in 3rd floor of this property).
Property 3
This property was purchased by my father from someone else through a registered sale deed. This is a plot of dimension 30x40 feet. This was purchased somewhere around the year 1995.
- Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
- If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Property 4
This property was allotted to my father from BDA (Bangalore Development Authority) in the year 2001.My father purchased this from BDA for around 3 lakhs.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Questions
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
