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kiranmayee (software programmer)     05 December 2011

Property law

Hi,

I got married in 2007. I have one younger sister and one younger brother.My father has self acquired property.
My sister got love marriage against to my parents wish. After her marriage, my father wrote all the property to my brothers name.  He has given me as a dowry at the time of marriage as 10 lakhs. He didn't gave any share to me. He transferred all the property to my brothers names and got registered in 2008. In registration office he took my signature as one of the witness.

I came to know that according to hindu succession act 2005, all the children has equal right to share in the parents property. Can i and my sister get the share in my fathers property even though he has registered on my brothers name if we proceed legally? If so what percentage of share we will get? Can u tell me the procedure for that?

Now my parents are left with no property. And my brother and his wife is not caring them thinking that all the properties has been transferred to them. Now my parents are in very much depression having no income now. My brother and sister-in-law not taking caring about them. The rents coming from the property are taken by my brother. In worst case, if my mother or both my parents can they get their share in the property or their property back if they proceed legally?  Please advice.

Regards,
Sathvi

 

 

 



Learning

 6 Replies

Vakeel Civil Court (Director)     05 December 2011

Self acquired property of father and registered in favour of sons - You get no share and neither your sister will have any share.

kiranmayee (software programmer)     05 December 2011

Dear sir,

But we came to know that under hindu succession act 2005 which was passed in september 2005, either it is ancestral property or self acquired property all the childrens have equal rights. Please confirm.

I didn't get the answer for the following 

if my mother or both my parents can they get their share in the property or their property back if they proceed legally?

Please advice.

adv. rajeev ( rajoo ) (practicing advocate)     05 December 2011

According to hindu law, if deceased has got self acquired property then sons or daughters have no share.  It is clear in Hindu Law.

Advocate Vishnu (Advocate)     05 December 2011

Kiran mayee,

What kind of transfer did your father make upon your brother...?   ( gift, relinquishment) . It solely depends what conditions were laid down in that deed to arrive at a better picture.

kiranmayee (software programmer)     06 December 2011

Dear sir,

it's relinquishment.. What happens if it is gift? Please let me know.

Advocate Vishnu (Advocate)     06 December 2011

If it is relinquishment , then was any consideration (money ) taken by your father from your brother .If the answer is no then it can the said relinquishment can be challenged on failure of the son to take care of them

One more question , is it self acquired or ancestral..?

Gift of self- acquired property when accepted by the donee becomes irreovacable , wheras if it is ancestral, you have rights on it and your father cannot execute a gift of the same.


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