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selling of parental poperty

AnonymousLLB 22 Apr 2014, 18:10

MY FATHER HAS SEVEN SONS AND ONE DAUGHTER.THEY ALL ARE SEPARATED AND HAVE THEIR OWN LIFE AND FAMILY.THREE OF THE SONS USED TO LIVE IN THE IN THE PARENTAL HOUSE TILL MY FATHER’S DEATH.MY FATHER WAS SELF-DEPENDENT FINANCIALLY.BUT ONE OF MY THOSE THREE BROTHERS USED TO TAKE CARE OF MY FATHER HE WAS PHYSICALLY ILL.AFTER THE DEATH OF MY FATHER,ONE OF THOSE THREE BROTHERS LEFT THE PARENTAL HOUSE.NOW FOR THE LAST ALMOST 20 YEARS TWO OF MY BROTHERS(INCLUDING THAT BROTHER WHO USED TO TAKE CARE OF MY FATHER ) ARE LIVING IN OUR PARENTAL HOUSE.I HAVE MY OWN ROOM IN THAT HOUSE WHICH IS LOCKED BY ME.I USUALLY GO 3-4 TIMES IN A YEAR TO MY PARENTAL HOUSE.NOW UNFORTUNATELY FOR SERIOUS CRISIS I SOLD OFF THE PORTION OF MY PROPERTY TO AN EXTERNAL PERSON(HIS RELIGION HINDU) WITHOUT ACKNOWLEDGING ANYONE OF MY BROTHERS.NOW MY THAT BROTHER WHO USED TO TAKE CARE OF MY FATHER, CLAIMING THAT NO ONE OF THOSE WHO ARE LIVING OUT OF THE HOUSE FOR LAST 20 YEARS HAVE NO RIGHT TO SELL THEIR PORTION OF PARENTAL PROPERTY.

NOW THE WHOLE PROPERTY IS IN THE NAME OF MY FATHER.OUR PARENTAL PROPERTY HAS BEEN SURROUNDED BY A BIG LAND.NOW IF THE BUYER OF MY PROPERTY TRY TO OCCUPY MY PORTION FROM THE LAND(NOT FROM THE HOUSE),COULD MY BROTHER TAKE ANY LEGAL STEP TO ME?IF YES THEN WHICH KIND OF LEGAL CASE HE COULD FILE IN MY NAME? WE ARE A HINDU BRAHMIN FAMILY.

1 Reply

advocate.kapilc.com 19 Jul 2014, 00:23

Dear,

I hope that property which are talking is anscestral property, because if it is ancestral then you all have the equal share as class 1 heir and if the same has been self acquired then your father has the right to dispose of the same as per his (since you have not mentioned that you father has given his property via will or gift to anyone of you), then as a matter of right upon your father death, you all will have equal share and you can sell the property n your undivided share as well, but it would be appropraite if had filed the suit for partition the sold the property.

Need not to worry, no matter whatever your brother does against you, you can seek partition in the reply and then the same will be divided amongst you all and the purchaser can occcupy his portion.

Advocate Kapil Chandna

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