Regarding the distribution of property
Vidushi
(Querist) 30 January 2016
This query is : Resolved
Dear experts,
My father is a very dutiful son and takes care of his aged parents and caters to all their expenses. I have two paternal aunts who always shirk away from their duties as daughters and have in the past gone on long vacations while my dad used to sit for hours into the night with my grandfather in the hospital. My grandfather is 90 years of age and is unable to think clearly anymore and very unfortunately my grandmother always misguides him and goes to the extent of loading my aunts with gifts who do almost nothing for them whereas my father who bears their expenses gets nothing in return. My grandfather is a retired Air Force officer and gets a high pension package but has been taught by his wife to not contribute to any of the expenses. I do not want an ugly situation to come up when my grandfather passes away nor do I want my father to be devoid of what rightfully should be his so I wanted to know whether my dad can claim the property and money left later or not?
I am studying law currently and knowing my aunts I am pretty sure that later on they are going to turn around and ask for their share of inheritance even though they hardly even come to meet them. My father is extremely gullible and does not see all of this coming. Pretty obviously he has a lot on his shoulders, my brother's education needs to be catered for and I am just in my first year of law. Please do tell me what can be done? And whether there are any provisions in the Hindu Succession Act under which the person who provides for the parents gets the benefit?
Many thanks and regards :)
Anirudh
(Expert) 30 January 2016
You say that your grandfather is 90 years of age and is unable to think clearly any more. In addition, your grandmother is favourably disposed towards your aunts.
In these circumstances, after the life time of your grandfather, the property (both immovable and movable i.e. monies, bank balances etc.) left behind him will be equally shared between his wife (your grandmother) if she survives him, your father and your aunts.
The entire property can remain with your father only if your grand father either makes a Registered WILL or makes a Registered GIFT of the properties. (This is not going to be an easy task for the simple reason, he is quite old and according to unable to think clearly. In such a circumstance of his health (mental) condition, any GIFT or WILL from him will get challenged in the Court of law.) Further more, your grandmother cannot be kept in the dark otherwise she will also side with your aunts to say that the GIFT deed or WILL has been got fradulently! If you consult your grandmother, I think she will put her foot down and say that your aunts should also be given the property.
Therefore, I do not think you will be able to deny the rightful share of your aunts. (Your father taking care of his parents alone is not good enough reason to deny the share to your aunts - whether or not they take care of your grandparents.)
Vidushi
(Querist) 31 January 2016
Alright thank you Anirudh Sir!
I must say I am really amazed by the fact that experts get back to us so soon on this platform!
And I guess whatever happens, happens for the best so even if my father does not get a share in the property, we all know that he fulfilled all his duties sincerely and would not have anything to regret at least.
Dad, would have in any case liked to avoid a law suit and since the chances of winning it are so bleak in any case it isn't going to be a good idea to file one.
Thanks :)
Rajendra K Goyal
(Expert) 31 January 2016
After your grandfather, all his legal heirs would get equal share in his property, your father can not claim full property only because he is looking after him. It is moral duty of your father.
Your grandfather can make a will, if he wish.
