Share in fathers property incase he is alive and giving away all his property to someone
narendra
(Querist) 23 July 2013
This query is : Resolved
My Family consist of my father, my wife, my son and me (All leaving toghether in one house which is owned by my father) and my sister who is married and leaving in inlaws.
Due to some issue, my father wanted me to vacate his house and to leave separately, im forced to go out of my house.
And he has warned me that he is going to give away all of his property to his brothers and sister.
In an event if i will have to go then i need some money to settle somewhere and get my own house. Right now im working somewhere and i cant afford to own house.
Is there any legal right i have by which i can claim my share in property before my father give it to someone else. Or do i have some rights after he transfered to someone else. Please guide me wht to do in this case. im ready to take care of my father and to give him maintainence but he is not ready for that.
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
If it is self acquired property of the father, then you cannot claim any share in that property now or later. It is his desire to give you or not to give.
narendra
(Querist) 23 July 2013
Thanks Dr. Jyoti,
In my case someone is playing with my father emotion and wanted his property, that's why they wanted me to leave his house.
but how come there is no provision in law wherein i can ask for my right in property, as i have son as well.
narendra
(Querist) 23 July 2013
Yes, he has purchased it by his own income. My mother died 3 years back. What about my mother share in that case, here my sister is asking some portion of share in property which my father is ready to give her and rest to his brothers and sister.
Pls help to reply what should be ny next course of action, i have spent Rs. 4lacs in my father's operation from my income last year and i dont have any savings as well.
Rajendra K Goyal
(Expert) 23 July 2013
Time is great healer. Win confidence of your father. Presently move away and continue to give courtesy visits to your father. Legally you are looser at presant. If you give time to cool down, attitude may change. After some time take the help of near relatives whom you suppose will favour you. Adopt diplomatic path.
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
I agree with Mr.Rajendra jii. Right now legally you dont have any rights. The property is self-acquired property of the father. So he can give it to anyone. You have no right in it during his life time. Even your mother also did not have any right in it.
At the most you can directly demand the money spent on his health. But that will be too bad. So wait and have visits to the father.
Raj Kumar Makkad
(Expert) 23 July 2013
You are required to persuade your father otherwise you have no legal right in either the properties of your father or to demand the money.
Sri Vijayan.A
(Expert) 23 July 2013
I fully agree with Mr.Makkad and others.
As you no right over his self acquired property, you have to persuade him.
narendra
(Querist) 24 July 2013
Thanks everyone. I think i have to follow diplomatic way to solve the problem as i dont have any legal rights over it.
prabhakar singh
(Expert) 24 July 2013
You are right go diplomatically.
It is strange why he is preferring brother and sister against his own son.Must there be reason undiscussed by you.
ajay sethi
(Expert) 24 July 2013
what are the issues that your father is not interested in bequeathing any property to you . if you had spent Rs 4 lakhs on his operation he must be grateful to you .
is it because of your wife?
narendra
(Querist) 24 July 2013
My Uncle and Aunt they stay next to my home and they have some issue with my wife and mom passed away 2 years back.
My father used to live in abroad and keep on visiting home every 3 months but now due to retirement he is in India and left job abroad.
After mom passes away they are behind my wife and keep on manipulating father and now he has decided to give all his property to them only as he is more comfortable.
prabhakar singh
(Expert) 24 July 2013
Allow your son in his close circuit and ask your wife to serve him very submissively without giving any ear to comments of your Uncle and Aunt.
narendra
(Querist) 24 July 2013
Thanks Mr Prabhakar for your advice.
I must thank Lawyerclubindia.com for making this type of platform, where we get solution for our problem from experts that too free and quick....
Thanks again
