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Right of a child for dad's property

(Querist) 19 April 2012 This query is : Resolved 
I am 26 years old I got married in2008 at the age of 23 after that all goes well but two weeks ago I had a fight with my father in business and in my wife matter after that he immediately says that if you don't agree with me leave my house and take ur wife. For two weeks he is saying again and again leave my house .so what is the right of mine in his property and what step can I take against him
Deepak Nair (Expert) 19 April 2012
If the property is self earned by your father, then you have no other way but to leave the house with your wife.

If the property is ancestral, which gor transfered to your father from generation to generation, then you cannot be thrown out of the house. You are entitled for certain share on the said property.
Raj Kumar Makkad (Expert) 19 April 2012
I think this is not proper stage to think about the share in the property. This is sudden provocation from the side of your father, It shall be better to patch up the matter amicably.

I think you father may not be really in a mood to oust you rather he might be reacting over certain matters which need proper and cool mind resolution rather of thinking or going to share the properties.

You as a matter of right cannot demand the division of any of the properties at this stage whether that may be self acquired of your father of ancestral. On the other hand, your father can also not evict his house forcibly as he is saying.
sumit (Querist) 20 April 2012
Sir
All The property is ancestral by my grandfather that is the shop, house,bank balance.There is not a single chance of patch up bcoz he is very proudy in nature and he is little bit psycho he had done the same thing with his wife
Shonee Kapoor (Expert) 20 April 2012
My God,

He is your father. Why don't you just try to involve some other elders in this issue.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 20 April 2012
As for your share, if you could prove that it was a Joint Hindu Property business, yes you can get share out of it.

Still, better to resolve the differences amicably.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
sumit (Querist) 20 April 2012
Sir
He is very proudy in nature he thinks what he do is always right many times elders of the family and the neighbours had tried to solve the matter but for 15 years the matter of my mother is unsolved and after every 10-15 days there is dispute in my house and now there is another matter of mine so kindly help me by giving right legal advice and tell me how much time approx. it will take in court for solving this matter I don't think there is any hope for settlement


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