My rights on wealth inherited by my father....
rajeev nair
(Querist) 13 March 2012
This query is : Resolved
Hello...
Am Rajeev- a keralite Hindu....My mom passed away this year and am the only son to my father. My dad has 50 cents of land that he has inherited from his father. Now that my dad want to marry again ( against my consent- we all are against the wedding coz the lady he wants to marry is bad reputed)- i would like to know this....Do i have any claim on the property? He is not ready to give my share. Can i file a case against that? he is yet to marry- so if i file the case, will i be the sole heir???
The land was given to my father by my grand father through his unregistered will.
Please do answer me sirs....
Wanna know if I have any right....Can I claim my share ( if any) right now? or does it come to validity only after my dad's expiration?
thanks in advance....
Rajeev Nair...
Deepak Nair
(Expert) 14 March 2012
DEar Rajeev,
You have equal right on the inherited property of your father.
If he remarries, then his new wife too will become elilgible for a share in the property.
Raj Kumar Makkad
(Expert) 14 March 2012
You cannot file any case as of now. Will has changed the nature of the property and now it shall be regarded as self acquired property of your father and thus this is not an ancestral.
You shall get rights in the property only on the demise of your father subject to the condition, he didn't make any arrangement of such property during his life time.
V R SHROFF
(Expert) 14 March 2012
Carefully examine the Records of Right.
It is possible that WILL might have not been mentioned in it, and it became inherited property.
If so, immediately ask for partition and injunction, to avoid part of future step mother.
Otherwise you may loose everything.
Shonee Kapoor
(Expert) 14 March 2012
Agreed with Ld. Mr. Makkad, the property no longer has the character of an ancestral.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rajeev nair
(Querist) 14 March 2012
@deepak nair....in your opinion, will i get my share if i file a case now?
rajeev nair
(Querist) 14 March 2012
@raj kumar makkad......sir, are you sure about that? i don't know the exact wording on the documents of that property....am currently outside India- once i get access to that, i will let you know that....
Will i get an injunction order if i file a case? coz my dad wanna take a massive loan by pledging the property to help his fiance's daughter's wedding.....how can i stop that?
My father's siblings- means his brothers and sisters are with me in this matter as none want that ill reputed lady to enter our family....
pls do update sir....
thanks in advance....
rajeev nair
(Querist) 14 March 2012
@V.R.SHROFF.....sure will do that sir...at present- id on't have access to the documents to see the exact wordings as am an expatriate now....will be home in April....will see....
In your opinion- if i manage to get a will from my dad and get it registered, can he change the will later?
rajeev nair
(Querist) 14 March 2012
@shonee kapoor.....
thanks for the response....
So what is your opinion? Unless and until my dad gives it to me, i don have any chance, right?
Will an injunction order earned by me will prevent my dad from taking loan or selling the property to meet up his fiance's family's expenses?
If i manage to get a will registered in my favor- can my dad change it in future?
Sudhir Kumar, Advocate
(Expert) 14 March 2012
Your dad can daily change his WILL till he dies. Even if a WILL is registered in your favour, it makes little difference.
As long as you cannot prove the peroperty to be ancestral you cannot stop your father from making any sale of mortgage.
ESTHERPRIYA
(Expert) 15 March 2012
You can file a partition suit to partition your share in the property as he is going to form a new family.
rajeev nair
(Querist) 15 March 2012
@esther priya....
thanks a lot for the reply...
In your opinion- is a partition suit valid now itself? do i have to prove that it is an ancestral property? Is there any way other than a will ( which can be changed always) by which my dad can give the property to me??
Since all his close relatives are supporting me- we are trying all means to get it registered in my name. None want the ancestral land to be owned by a lady whom none like...
Shonee Kapoor
(Expert) 16 March 2012
You have no locus standi as of now to file for injunction, the suit would be thrown out of court,
It is a family matter sort it out amongst family members.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
