Please advice about property distribution
Vicky Raj
(Querist) 26 May 2012
This query is : Resolved
Dear All your expert advice required in one of the case related to property distribution.
Written by my uncle:
"we were a family of4, 3 brothers, I being the eldest, and 2 younger brothers and father.I was a Govt employee & used to stay away from family.Two of my younger brothers used to stay with my father in the same town.My father had a business wherein he was earning good profits from the same.My 2nd younger btoher used to help my father in his business and he also used to stay in a rented house. However my 1st younger brother,was idle,never helped my father,but he had 5 kids and used to stay along with my father with his wife.My father had his self owned property, all with his own earning.Whenever me and my 2nd younger brother asked for our share he used to say that ,"i am still alive", and used to avoid us, and we used to stay calm out of respect.Gradually as days passed my 1st younger brothers kids, started occupying my fathers business and made my father stay at home idle.All of sudden we got a news as my father demised.As I am a Arthritis patient, before I could reach their they buried the dead body, so I was not able to attend the funeral ceremony.on the 11 day when me and my 2nd younger brother asked for our shares to my 1st younger brother , he said that our father has no property.We enquired at the sub registrar office, then got to know that, 3 years back,my father had already endorsed the will to his grandsons9of my first younger brother only).all property had been equally divided to my 2nd younger brothers sons, this is absolutely without any knowledge and notification to me and my youngest brother"
I just wanted to enquire and take your advice, do me and my younger brother can legally claim our share in my fathers property? If not to me and my bother, atleast to our kids?
Rajeev Kumar
(Expert) 26 May 2012
Since the property is self acquired. Your father can dispose it as he wishes.
R.K Nanda
(Expert) 26 May 2012
No more to add.
Shonee Kapoor
(Expert) 28 May 2012
Nothing stops the owner to deal with the property in any manner, he/ she deems it fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
