If your father is alive he can alienate his self acquired property as per his wish. Only after the death of father you become the owner of the property if he has not execute a document with respect to his property.
Suit for partition
I am the only legal heir of my fathers property for which my so called elder son of my father is claiming a major share in. He already has made much of property by influencing my fathers will and using him as a tool to extort money. He is nothing but a goon with the criminal conspiracy and unethical intention to acquire whole of my fathers share of property and make me zero by property and money. He is constantly threatening and pushing me leave my business and my share from the property and influences my father to withdraw my share from the will and also says that u will be out of this house legally.
Asked 8 years ago in Property Law
Religion: Hindu
10 Answers
He is not even a legally adopted son of my father as he claims major share in my fathers property.
Asked 8 years ago
Will I be able to claim my part of share from my father or not.
Asked 8 years ago
1) ask your father to execute gift deed during his lifetime so that property is transferred in your name
2)in the alternative request your father to execute will wherein property is bequeathed to you
3) it should be mentioned in will that elder son has already been given his share during father lifetime
if elder son is not adopted and your father dies intestate elder son would not have any share in deceased father property
if father bequeaths property to elder son by his will then you will have to challenge father will on his demise
file partition suit to claim share
elder brother would have to apply for probate to prove the will
both suits would be clubbed together
1. On what basis does he claim to be the son of your father? He could have been adopted only through execution of a registered adoption deed in favour of your father, failing which adoption has no legal recognition. Once a child is adopted in accordance with law he is placed at par with the biologically born child of the adoptive parent.
2. You should file a suit for declaration and possession with permanent injunction against him. In his defence he can take the plea of adoption, which he will have to prove.
1. you are entitled to full share in the property. he has no right to interfere in peaceful possession.
2. he has been giving threats, so in this condition you should file a complaint before the collector under section 145 crpc to take from him a bond under section 107 crpc for maintaining peace and good behaviour.
Q.He is not even a legally adopted son of my father as he claims major share in my fathers property.
A. you should file a civil suit for temporary injunction in respect of the properties of your father. then no one can sell or interfere in the property without permission of the court. then he cannot interfere in the property.
Legally during the lifetime of your father no one has any rights in his properties, therefore there is question of availing any property from a will which cannot be enforceable at this stage
You have to talk about this with your father only.
Legally you cannot do anything about it
It is the concern of your father.
If your father is in his favour you cannot do anything to stop your father from transferring his own property in favour of anyone of his choice. You talk to your father involving elders and arrive at desired solutions.
You have not stated that how did you get any rights in your father's own property during his lifetime