Property of my father
laxmi
(Querist) 04 August 2009
This query is : Resolved
Dear Sir
We have 3 brother and two sister in the family. and my mother and father alive. My elder brother do not want to distribute property equily. My two brother out of india one brother si uneducated and they did not arrange marrige for him because of property share he has fully control on my my mother and fatther he want total property should be his name only. may be he already did total documentation in his name, with help of mother father since they are very old 84 year and 75 year.
in this situation what step to be taken for equily devide of property of my father
atleast if we are not my younger brother who is uneducated get property share.
kindly help us we want atleast my younger brother who is not married till date due to property share. my elder brother not want to get property my younder brother who is already 45 yrar old.
what action we should take kinldy let me know.
laxmi
sanjeev murthy desai
(Expert) 04 August 2009
Dear laxmi,
All brothers and sisters are have equal rights in respect of your father property.
If the property is self acquired property of your father, in his life time nobody dont have any rights in respect of that porperty. If the property is ancestral nature or jointfamily nature they you are all have equal rights in respect of that porperty.
sanjeev murthy desai
(Expert) 04 August 2009
File partition suit in jurisdicional court and proove that properties are joint family propertis and you may be get the share in that property.
sanjeev desai
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
Dear Laxmi,
Please be advised that if the property is self acquired by your father, than he can dipose off, volunatarily, by a Will.
However, since your parents are too old, a declaratory and partion suit can be filed specifying the apprehension of malpractice and undue influence that may be execised by your brother on the old parents to deprive them (other legal heirs)of their rights.
The benefit of suit would be that if a will is already executed by your father in favour of brother. Same can be challenged during lifetime of your parent as having made unvoluntarily by execising malpractice on them.Secondly, if no will is made than true intension of your parent will come on court record which shall benefit you all in future and make impossible for your brother to forge any document in this regard.
In case of doubt or further help call me at 9899221170
Y V Vishweshwar Rao
(Expert) 05 August 2009
In case of Self Acquired proerty the sons and Daughter have no rights to claim durign life time of fahter !
G. ARAVINTHAN
(Expert) 11 August 2009
Vishweshwar is right.. You cannot claim your father's property if he is alive...( in case of self acquired property)
