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Guest (n/a)     07 December 2008

Can one ask for share in father's property?

Can a son demand his share in his father's property while his father is alive ?what does the Indian law say?


Learning

 6 Replies

Shree. ( Advocate.)     07 December 2008

Dear Guest(JYT), 


Indian law first asks you what your religion is, so that you can be told the right legal position in your case. There is no such thing as Indian law or common Indian law with regard to civil issues such  as marriage; divorce, inhertience etc. so always give full details about yourself when you ask the question relating to any civil matter in this LCI forum.

sanjeev murthy desai (Advocate)     20 December 2008

Dear guest,


I agree with Mr. Shree  and question also not confrimed wheather Property is ancetral or self acquired?


Sanjeev desai

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 December 2008

I do agree with my both friends. First u cshould make clear all the facts.

kvijayakumar (Legal Consultant)     09 January 2009

Hi


 


Self Acquired Property:


If your father is posessing any property, which is self acquired. You can not  claim or ask for share aganist his will during his life time. Provided, if he is willing to give you. After his life time,  all the legal heirs will have right to inherit property left by the father.  (only in case of intestate: No will). Otherwise, if your father had executed a will, according you have to share the property.


Ancestral Property:


If your father is posessing the ancestral property, you can have a claim or ask for share.


Best Regards


K .Vijayakumar


Adv.


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 January 2009

Yes Mr. K. Vijay kumar has suggested very well.

Sushil Kumar Bhatia (Advocate)     10 January 2009

Dear,


         Tenancy law has no applicability of personal law ,tenancy rights can be inherited by all section of society commonly


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