Queries regarding family dispute and property.
vince
(Querist) 03 May 2022
This query is : Open
Hi,
I needed your advice regarding a problem
I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
kavksatyanarayana
(Expert) 03 May 2022
At present, there are no legal problems. You have to amicably talk with your sister and father. It is presumed that you are a Hindu. The property is your father's self-acquired either movable or immovable. So either you or your sister has no rights over the properties till your father is alive. Ask your father whether he executed a Will or not. It is his self acquired and therefore he can do as he wishes and you have no right to ask. I think you are not bothering about your parent's welfare rather than the property. It is a family issue and so please amicably settle the issues.
Dr J C Vashista
(Expert) 04 May 2022
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem. If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
Since it is self acquired property of your father, he may give whole or part of property to either of you or your sister, as he desired. No one can challenge / raise any objection.
Get the disputes (if any) resolved amicably,
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
Legally you have least (minimal) chance of getting any portion if you are contesting.
vince
(Querist) 04 May 2022
Thank you for your response. But I want to clarify a few points.
First of all, I am a Christian. Secondly you have asked to amicably talk to my Sister and Father, which I have already tried. They just don't want to talk. Not just about this but anything else. There is no transparent communication in the house. Also you mentioned about me not being bothered about my parents welfare which is a presumed judgement I'd say, It is not true. I have always tried to resolved the family issues which my sister has created and I am still there for my parents and providing for them as well. But my Father does not support me in any way (Emotionally or even Financially) and is partial towards my sister and hence I have asked this question here. Hope this give you more clarity on my situation. Yes, This is a family issue but no communication is helping and hence I have a fear lingering that despite taking care of all their emotional and Financial needs, I will be tricked in the end by my sister and would have no backup for me and my family i.e. My Wife and son.
KISHAN DUTT KALASKAR
(Expert) 14 May 2022
Dear Sir,
My answers are as follows:
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem. If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
Ans: Children not entitled for any share during the lifetime of father unless he voluntarily entered into settlement deed. Unless your father discloses, you cannot know about the execution of Will as it is a secret document.
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
Ans: You cannot fight legally as it is his self acquired property and he can transferred the same to any of his children.
K Rajasekharan
(Expert) 14 May 2022
As already pointed out rightly by almost all, your father has every right to do whatever with his property as he prefers.
If he dies without a Will his property will devolve on both of you equally. He has every right to prepare a Will bequeathing his entire property to her alone.
You have no legal right to question his decision on property devolution on any count even if you alone are looking after him and satisfying his emotional and financial needs.
