Property - Can I go to court Property - Can I go to court

4 months ago

My father is younger one and he built a house in elder brother site with his permission and word of giving it to my father and he is no more now. My father’s elder brother wife is not willing to give it ? Can I go to court ??

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
If the elder brother passes away intestate that is without any Will, then the ownership of the property devolved upon all the surviving legal heirs as per the provision of the Hindu Succession Act. The spouse of the deceased owner comes under the purview of the Class 1 heir under Sec.8 of HSA. whose right to property prevails over your father. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
If your father built a house on his elder brother's site with his permission, and there were verbal assurances of transferring the property to your father, you may have a legal claim to the property. In such cases, it's important to gather any evidence or witnesses who can testify to the understanding between your father and his elder brother. Consulting with a property lawyer would be advisable to assess the strength of your case and determine the appropriate legal steps to take. Court proceedings, such as filing a civil suit for property rights, may be an option to pursue if negotiations with your elder brother's wife do not yield a satisfactory resolution. Legal professionals can guide you through the process and help protect your rights in this matter.
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