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We are two children of our parents We are two children of our parents

11 months ago

We are two children of our parents.Both me and elder brother are married ,My father purchased some land in the name of my mother and unfortunately my mother passed away in 2018,After that my brother transferred all land on his name and one of his lawyer said mother’s property will go to only son in uttarakhand.He gave me only 1/8 portion of that land.And after some time my brother transferred all that land in the name of his wife.so can we file partition suit in this situation.My Father is still alive.

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Dear Client,

It is a self-acquired property of your parents. If such property left by the deceased owner intestate, then the surviving members/legal heirs are entitled to an equal share of the said property. So the transfer of entire property by your brother to others through sale or otherwise is illegal and contest before the Court all the Deed of Transfer will be null and void. Reach out to an Advocate for guidance and filing of partition suit before the Civil Court having jurisdiction over the property. In case you need any assistance in this regard you may contact our legal team with all the relevant papers.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 11 months ago

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A.Dear Sir,
During the lifetime of your father none of you can claim any rights on the said properties which is self acquired property of your father. However, you can get gift deed or will executed by your father in your name.
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