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Ancestor property issue
3 years ago
My father gave property share to me when he was alive. After that my brother sent a notice to my father and me, we replied back by saying the ancestor property is divided into 3 parts, 1part is for my brother, 2 part to me and remaining part to my father. Now my father is not alive and after the death of my father, my brother registered his share and my father share also without concerning to me and I am not signed into that. We have only notice has a document with us. Is it authenticated or not? Can you please suggest me?
A.Hi,
The notice he served you was for partition of the property, and if your reply mentioned the specifics of how the property would be split up, it would be regarded as valid in the eyes of law. If your father died without leaving behind a will, a family settlement signed by all heirs is necessary before registration can be done on the property. If your brother has already done this, then that means you have valid grounds to dispute the registration. Under the Limitation Act, the period for enforcing claims regarding immovable property is 12 years.
You may seek relief under S.34 of the Specific Relief Act by filing a suit for declaration of title.
The notice he served you was for partition of the property, and if your reply mentioned the specifics of how the property would be split up, it would be regarded as valid in the eyes of law. If your father died without leaving behind a will, a family settlement signed by all heirs is necessary before registration can be done on the property. If your brother has already done this, then that means you have valid grounds to dispute the registration. Under the Limitation Act, the period for enforcing claims regarding immovable property is 12 years.
You may seek relief under S.34 of the Specific Relief Act by filing a suit for declaration of title.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
The notice he served you was for partition of the property, and if your reply mentioned the specifics of how the property would be split up, it would be regarded as valid in the eyes of law. If your father died without leaving behind a will, a family settlement signed by all heirs is necessary before registration can be done on the property. If your brother has already done this, the that means you have valid grounds to dispute the registration. Under the Limitation Act, the period for enforcing claims regarding immovable property is 12 years.
You may seek relief under S.34 of the Specific Relief Act by filing a suit for declaration of title.
The notice he served you was for partition of the property, and if your reply mentioned the specifics of how the property would be split up, it would be regarded as valid in the eyes of law. If your father died without leaving behind a will, a family settlement signed by all heirs is necessary before registration can be done on the property. If your brother has already done this, the that means you have valid grounds to dispute the registration. Under the Limitation Act, the period for enforcing claims regarding immovable property is 12 years.
You may seek relief under S.34 of the Specific Relief Act by filing a suit for declaration of title.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.father share of ancestor property have to be divided equally.
you have to file civil suit for the same.
notice can be used in court.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
you have to file civil suit for the same.
notice can be used in court.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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