Legal Question in Real Estate Law in India

27.04.2012

Dear Sir,

You will be having documentary evidence to show that you and your brother are the legal heirs of your father like ration card, birth certificate, passport, election card etc. It is important that you of your own do not spoil your relationship with your father, because if he makes a Will to the effect that his property will vest with the other lady with whom he is living illegally, it will make your matter more complicated.

I have doubts about the validity of the suit you will file against your father since your mother is no more.

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Regards,

If the property is self acquired by your father then he can convey the same in favour of the other lady. So before he does anything like that you ask for partition of the property stating the illegalities and fear that he will do something against your interests.

Mr. Shekhar, if the property is your fafther's self acquired property, you cannot seek for partition during his lifetime and he is having absolute powers to dispose off it as per his whims and fancies. However, if the same is ancestral one, you can maintain suit for partition.

May be