Property
2 years ago
My parents have registered our house on my brother name. Now, is there a way for me to claim property rights? I’m a single female.
A.Dear Sir,
If your parents are not alive then you can file a partition suit saying that your parents denied your share as your brother misled them etc.
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A.Dear client,
It naturally depends on the kind of property, that is if it is ancestral or elf acquired by your parents. If the property is ancestral then you have a right to claim the property through a partition. If it is self-acquired by your parents, then your parents reserve the right to transfer as they wish and register in your brother name.
Thank you
It naturally depends on the kind of property, that is if it is ancestral or elf acquired by your parents. If the property is ancestral then you have a right to claim the property through a partition. If it is self-acquired by your parents, then your parents reserve the right to transfer as they wish and register in your brother name.
Thank you
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Adv . Shirish Patil
Responded 2 years ago
A.Hello Madam,
As a child, you have claimed only in the ancestral property of your parents. It's a legal position that the person has self-acquired property then in that case he has full rights to dispose of the property as per his wish in his lifetime. And only if he died without transferring his right then only as a legitimate child, his son/daughter gets their inherited rights in that property. In your case we have to see whether the property is self-acquired or ancestral then we can find out the way.
As a child, you have claimed only in the ancestral property of your parents. It's a legal position that the person has self-acquired property then in that case he has full rights to dispose of the property as per his wish in his lifetime. And only if he died without transferring his right then only as a legitimate child, his son/daughter gets their inherited rights in that property. In your case we have to see whether the property is self-acquired or ancestral then we can find out the way.
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A.Dear client,
If the house is already registered on your brother's name, it may be hard to claim property rights. However, if there is something to prove that the registration made was not valid then the registration may deemed invalid.
Thank you.
If the house is already registered on your brother's name, it may be hard to claim property rights. However, if there is something to prove that the registration made was not valid then the registration may deemed invalid.
Thank you.
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Vaidehi Samant
Responded 2 years ago
A.If the property is self acquired property of your parents than they can transfer their ownership rights to any person they want during their lifetime and there is no way possible for you to claim any rights in that property legally unless you can convince your parents before they transfer such ownership to anyone else on paper through registration. However please note that being a single female you have rights to claim maintenance from your parents if financially you have been abandoned by them and you are also not in capacity to earn your livelihood or what you earn is not enough but you will need to prove your case. Thank you.
If you have found this answer helpful than provide review and give ***** as appreciation.
If you have found this answer helpful than provide review and give ***** as appreciation.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to know whether that house is self acquired or ancestral. If the property is self acquired,then you cannot challenge that property transfer before the Court of Law but if it is ancestral,then you can.
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