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naren (Engineer)     28 October 2012

Father's property

 

Hi Sir,

Need your valuable suggestion.

    My father had 2 families and 2nd family is illegal family. 30 years ago he did 2nd marriage and at that time my mother had no support to fight against it.   

     Now situation is, we real brother are fighting to get our father's property as, he has earned this property on his own, but with the help of my elder brother as my elder brother is working under him as slave in the farms since last 15 years. And now my father is saying and indirectly started some activity towards it that he is going to give all property to our step mother and brothers. 

 Kindly provide a proper suggestion here as, I heard that we can’t claim for property if father has earned his property on his own.

Thanks in advance.

Naren



Learning

 5 Replies

Ranee....... (NA)     28 October 2012

yes.It is his self earned property ,so he can give it to anybody.Only way not to compel him transfer the property at his life time or making a will...if he dies without a Will then all legal heirs can claim that property.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 October 2012

yes if the property is self acquired property of your father - you cannot lay any claim to the property and he is free to gift/will/sell the same to anybody. If he dies without a will If your father got married to the second lady, then his other children get property equally with you.

 

Bharat Chugh

Advocate Supreme Court of India

naren (Engineer)     29 October 2012

Thank you very much for your valuable reply. 

But Please provide some solution as it will be very difficult to survive for my elder brother and he really deserve for it as he has completely devoted his life in farm work and he can't do any other work than farming at this age. 

     I also heard that my elder brother's son that is, the grandson of my father can claim for this property.

 

Thanks, 

Naren

K.K.Ganguly (Advocate)     29 October 2012

No. Your father can do any thing he wants to do legally with his self acquired property. The only course of action left before you is to plead before your father. 

Rahul Kapoor (Legal Enthusiast)     29 October 2012

yes. your father can dispose of his individual property in whatever way he likes. you have only right in the ancestral property..ya his grandson can claim a right in the property but only after attaining majority that is 18 years.  grandson from other wife of your father do not have any right in the property..


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