restaining right of my brother in my father's property
11 Jul 2014, 14:11
My father acquired property from my grand father in 2003 as my grand father died in that year.
now my father in in dispute with my elder brother due to he did intercast marriage and living apart from my family, so he want to restrains my brother’s right in that property by giving it in daily newspaper. can he do so? is there any right of my brother’s spouse in that property.
is it necessary to give notice to my brother in taht regard.
can my brother challange this notice?
NOTE: there is no right of my father’s sister in that property as they did agreement related to this on stamp paper and whole right is transferred to my father in 2003.
3 Replies
Dear Friend,
The answer for your question depends on how your grandfather had acquired the property. If he had acquired it through his self earnings, the property would be his self acquired property and upon his death, your father would have acquired title under sections 8 to 13 of the Hindu Succession Act as his class I heir and not under section 6. If that was so, your father could do whatever he wants and need not even give the so called news paper adds. The case will be the same even if your grandfather had received the property under a will or through a gift. On the contrary, if your grndfather had acquired title by succession from his father, then the property at your father’s hands would be his ancestral property and naturally, all his sons and daughters (after 2005 amendment) become coparcenars and your father is not entitled to restrain your brother, who would be a cosharer from claiming the property.
Thankyou.
The property is acquired by my grandfather by their own earning and he had not acquired from his father.
On death the property is transferred in name of my father Solely with legal concent of his sister.
Note: my grand father had 2 property and question for both the property is same and my on death of my grandfather my father get title of both the properties.
Please reply to this situation.
Addition question to reply # 2
Can my father transfer that property to my mother without any restrictions. Is there any right of my brother on that transfer too.
Thank you for reply.
Please reply sir.