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Aakash (Soft Eng.)     05 March 2018

What's my right?

I moved back to india from US and bought a plot and later constructed house and got completion certificate on my name but due to dispute with my wife I transferred my house to my father via family transfer and later my father disowned me thru public notice and now he has passed away leaving me in the house. My other siblings are not ready to transfer the house back to me. Do I have right to ask my share (we are five brothers and sisters)?


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 16 Replies

R.Ramachandran (Advocate)     05 March 2018

What do you mean by family transfer?  Was the transfer to your father effected by Registered Gift Deed after paying Stamp duty or not?

Aakash (Soft Eng.)     05 March 2018

By paying 3 thousand rupees I transferred house no stamp duty required if transfer is within family blood relation

Aakash (Soft Eng.)     05 March 2018

By paying 3 thousand rupees I transferred house no stamp duty required if transfer is within family blood relation

Aakash (Soft Eng.)     05 March 2018

By paying 3 thousand rupees I transferred house no stamp duty required if transfer is within family blood relation

Vijay Raj Mahajan (Advocate)     05 March 2018

Let me be very frank here you made a stupid move without engaging services of experienced lawyer and did all these transfer business with advice of someone having no legal knowledge. The best course in all these transfer business of property should have been making a Will of your father made in your favour as well withdrawal of disowning through new newspaper publications.

R.Ramachandran (Advocate)     05 March 2018

Was it registered with the Sub-Registrar's office?

Aakash (Soft Eng.)     05 March 2018

I have no control over things which didn't happen in past. Either I can get my one fifth share or may be I should forget my share and let them divide property between them.

Vijay Raj Mahajan (Advocate)     05 March 2018

Where in India is the property located? The 5th share you can claim on the basis of you being one of the heir of your father provided he didn't disinherited you of any of his property by proper documentation. For proper legal advice all documents relating to the case have to be studied.

Aakash (Soft Eng.)     05 March 2018

Haraya urban development authority issued a re-allotment letter after recieivng my application and a fee of rs 3000 that house alotted to me can be transferred to my father. It was never registered in any other office

Aakash (Soft Eng.)     05 March 2018

Haraya urban development authority issued a re-allotment letter after recieivng my application and a fee of rs 3000 that house alotted to me can be transferred to my father. It was never registered in any other office

Aakash (Soft Eng.)     05 March 2018

Haraya urban development authority issued a re-allotment letter after recieivng my application and a fee of rs 3000 that house alotted to me can be transferred to my father. It was never registered in any other office

Aakash (Soft Eng.)     05 March 2018

Haraya urban development authority issued a re-allotment letter after recieivng my application and a fee of rs 3000 that house alotted to me can be transferred to my father. It was never registered in any other office

R.Ramachandran (Advocate)     05 March 2018

Disowning through public notices or newspaper publications will not affect your right to receive 1/5th share in the property after your father's death. There are ample decisions of the High Court to this effect.

 

Aakash (Soft Eng.)     06 March 2018

Please tell me if my understanding is correct or not. When a father disowns a son by publishing in news paper then father is making sure that son is not creating problem when father is alive but if father passed away and he didn't write any will or transfer/gift deed then all rights of son are intact and he can claim his share in the father's ancestral as well as acquired property. So it's ok I have atleast fifth share in the property, although property was acquired by me and as a matter of fact I should have been the sole owner of the property.

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