My father is the eldest among five brothers. Do his younger brothers have any legal right to demand a share in it, simply because my father is the eldest and that makes them eligible to demand share?

My father is the eldest among five brothers. Do his younger brothers have any legal right to demand a share in it, simply because my father is the eldest and that makes them eligible to demand share?

He purchased property in his own name using his personal income before 2017, and the land ownership document (Lalpurja) lists only his name. Can this be considered self-acquired property under Nepali law? P. S: The property is solely purchased by my father.

Answer(s)

Advocate Mr. Radha Krishna (R.K.) Mainali Says:
1 month ago

First you should be clear that whether your father and his coparcener esp brothers have legally done partition deed in concerned offices like land revenue office, (malpot) or court.

Second thing can your father justify and prove that the property he has earned is his own self earned property. I mean it is not ancestral property and it can't be alloted among coparcener.  

Does your father involv in self earning profession, like earning royalty, Intellectual property etc, so that he may prove that the money came from that Intellectual property source. 

If your father becomes unable to prove this above mentioned facts, then the property that your father have earned shall be divided equally between coparcener. 

If you need more then feel free and comfort to call us 

Thank you 

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Advocate Mr. Radha Krishna (R.K.) Mainali has 12 years of experience and specializes in Corporate Law , Marriage Law , Cheque Bounce , Divorce , Notary Services , Family , Property , Real Estate , Criminal Litigation and Civil .

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