We 3 married brothers stay with our wives and kids with our father in his self acquired house.
Feb. 2011, our family partition took place under the supervision of our 2 uncles. All 6 of us (3 brothers, father, 2 uncles as arbitrators) signed the hand written partition document and colour scanned copy was given to me.
But no transfer of property took place despite my several requests made orally and through registered letters. They are just beating around the bushes and wasting the time. My father and brothers replied accepting the partition but refused to give my share in the residential house though they are ready to give other property given to me in the partition but my share in the house.
My 2 brothers and father approached both uncles to alter and revise the award but it was not heard as i did not want to give my allotted share in the residential house.
Business and other properties given to me in partition are under my possession and full control but not fully in my name. brother and father does not sign the papers and transfer the property to me as they want me leave my share in the residential house 1st. they blackmail me saying leave the house and get all properties (given to me in the partition) transferred in my name.
3 yrs have passed like this. Now my father does not want to give me my portion in the residential house allotted to me in the partition. He has recently made a will including my share in the residential house in favour of my two brothers. We all still live in the same house.
Is it legal act of my father to make a will of the property already given in the partition? Though the property is in his name but he has already given it to us in the family partition duly signed.
Please help me I have no place to go if after the death, I’m dispossessed of my house and not given my share allotted to me in the partition.
Asked 3 years ago in Family Law from Tinsukia, Assam
File a suit for declaration before civil court against the WILL of your father, as you informed that this is his self acquired property then your father has all rights to disposed of that property but as you also informed about family settlement/partition then without dissolve this settlement your father can not do that.
Feel free to call or contact over the mail.
Nadeem Qureshi Advocate
Advocate, New Delhi
Partition deed has not been stamped and registered. As per family settlement deed various properties have been distributed among family members. The said document needs to be stamped and registered to be admissible in evidence. It is in your own interest to arrive at an amicable settlement with your family. Relinquish share in residential house as you have been given other properties and business. It is advisable to contact a local lawyer.
Father has full right on his self acquired property. If he has agreed for partition, it doesn't give you right to take part of his own property unless this partition he has agreed against some monitory consideration. Moreover you have said your father acted as arbitrator, this does not mean you can take his property. Try to think of some amicable solution after giving all the facts to a local lawyer.
Advocate, New Delhi