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MUKESH   17 July 2016

Property distribution

hello sir....we are five brother one of my elder brother has been not living with us for 12 years and not caring our parents..now he wants his share in property...what should b done sir.

I want to know si.. is there any law so that he can not demand his property bcoz he is not living with his parents for 12 years.

 



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 9 Replies

JustAdvisor (IT)     17 July 2016

how did your father acquire the property?

Kumar Doab (FIN)     17 July 2016

Are your parents alive?

Are they senior citizen?

Are you Hindu?

 

 

MUKESH   17 July 2016

Originally posted by : Kumar Doab

Are your parents alive?

Are they senior citizen?

Are you Hindu?

 yes my parents alive

we are senior citizen

we are hindu



 

 

MUKESH   17 July 2016

Originally posted by : JustAdvisor

how did your father acquire the property?

they are contractor...self business

 

Kumar Doab (FIN)     17 July 2016

If the property is self acquired then parents can dispose the proerty in their life time to anyone by valid deed e.g; Gift/sale/WILL/Mortgage etc..................

 

No one has any forced share, in their life time.

 

If they are senior citizens they can claim maintaiance from all children.

 

 

Laxmi Kant Joshi (Advocate )     17 July 2016

If the property is self aquired by your father then he can use it as he wish , he can devolve his property by his own , if he wants to distribute his property among his children in his life time then he can go for gift deed if he didn't want to give anything to your brother he can deny him , he has no right over your father's property , if he wants after his death his property may be distributed then he can make his will and deny any share to your brother in his will , your brother will not get any share , but remember one thing get registered the will in sub registrar office during the lifetime and in the conscious condition of your father .

MUKESH   17 July 2016

Originally posted by : laxmi kant joshi

If the property is self aquired by your father then he can use it as he wish , he can devolve his property by his own , if he wants to distribute his property among his children in his life time then he can go for gift deed if he didn't want to give anything to your brother he can deny him , he has no right over your father's property , if he wants after his death his property may be distributed then he can make his will and deny any share to your brother in his will , your brother will not get any share , but remember one thing get registered the will in sub registrar office during the lifetime and in the conscious condition of your father .

bt sir some part of property from grand father...he can claim to have that property...what should b done..

actually sir one of my brother has been not living with us for 12 years..not caring at all our parents..Is there any rule so that he cant not claim for property share either it is father acquired or grand father.

 

MUKESH   17 July 2016

Originally posted by : Kumar Doab

If the property is self acquired then parents can dispose the proerty in their life time to anyone by valid deed e.g; Gift/sale/WILL/Mortgage etc..................

 

No one has any forced share, in their life time.

 

If they are senior citizens they can claim maintaiance from all children.

 

bt sir some property from grandfather...he can claim to have that property...

sir  I want to know  only one thing that if one of his son not caring and not living with their parents more than 7 year than he can not claim for property either it self acquired or from grand father....IS it right or not.
 

 

 

Kumar Doab (FIN)     17 July 2016

Last reply

 

Your query has been replied fully.

Go thru the reply slowly and carefully.

If your parents  do not dispose the wealth i.e movable and immovable e.g. proeprty-land/house etc, bank a/c's, insurance etc.....etc..............in their life time and do not leave a valid WILL (preferably registerd) then your brother shall have equal share, even if he is staying away for last 12 years and has not been caring.


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