Rshanthi Rshanthi
Asked September 26, 2016

Rights in property

  • 1 Answer
  • 345 Views

My father is disagreeing to divide the property equally between me and my younger brother. I am elder girl in the family and am married with 2 children. My father has been given some land by his father (my grandfather) through land registration. Of course there was no cash involved as my grandfather gave it to all his sons equal share through name change and registration. Also my father has constructed a house in a land which he received from my grandfather in the above same manner. Now my brother wants to have hold of the total property. Some agriculture land and the land with house. I would like to know what are my chances to seek my possible legal rights if any in this scenario. I do not know any details of the land/property as the documents are not being shown to me. Can my father write a will of the above properties in my brother's name? Can he register and change the land owenrship to my brother alone without my consent. Will the registrar office accept such registration? Will this cease my rights in the property which originally belonged to my grandfather?

Answer 1

Can your father write a Will of the property in your brother’s name?

Yes. The land solely belongs to your father, and it is upon his discretion who he transfers it to. You will be eligible for succession, if your father has died intestate i.e. without a Will.

 

Can your father transfer the ownership of the property to your brother, which would cease your rights over the property?

Yes. As your grandfather had divided the share equally amongst his kins, including your father, which makes your father sole owner of the property held by him.Your father, is therefore, entitled to further transfer the ownership on his own free will, and if he wishes to transfer it in the name of your brother, then it would be seen legal in the eyes of law.

 

The question of your rights would only be effective in the situation, when the property of your father is divided intestate (when someone does not make a will). The 2005 Amendment of the Hindu Succession Act, also included women as a coparcener, but that would not relevant in this situation if your father registers the property in the name of your brother.

Agree Comment 0 Agrees about 4 years ago

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