My father has 300yards of land of his own earnings, in which he given 100yards,50 yards,50 yards in gift deed to three of us and the remaining 100yards land on his own name only in which we all constructed a 2-stair building with all joint money.
Now he want to give that remaining 100yards land with constructed building to my elder brother against our wish as he already given 100yards to him and its all our joint money, so we would like to approach legally, what remedy can be taken to prevent this to happen?
Asked in Property Law from Hyderabad, Andhra Pradesh
since your father is absolute owner of remaining 100 square yards of land he can gift it to your elder brother .
at most you can ask for return of money you invested in construction of the building .
dont rush to court . let other brothers reason with father that all have invested in construction of building and it should be bequeathed to all 3 sons jointly . involve some family elders in resolving the issue
If you can prove that the remaining 100 yards of land in his name was purchased from the joint earnings of all of you then you may legally stake a claim to having a proportionate share therein. If you have any evidence to back up your claim of having contributed equally to the purchase of this land then you may issue a legal notice to your father followed by filing a law suit for culling out your lawful share in it. In the absence of any such evidence coming forth your father is the only owner of this property, as such he can give it to any one he so desires.