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Chand (associate)     15 April 2013

How to not to give a property share to a family member?

A is a retired govt employee and has three sons B,C and D

sons B and D don't have professional degrees hence doing small jobs and they are not well off financially.

A made his second son C a dentist with payment seat and provided all the necessary help to set up a dental hospital like buying instruments and dental chair etc. and C became well off financially over the period of time.

over the years C started neglecting the parents and completely ignored them after some years.

A's wife is a patient and has been suffering from some ailments for almost 15 years and she needs 15 thousand rupees medicines every month.

when A had to partition his properties, based on his sons finacial capacity and to make all the sons on par, 

A partitioned his property into 3 shares each partition for A, B and D and no partition for C.

now C has raised a suit by claiming as a son he will also get a 1/4th share

A doesn't want to give any share to C as C never took responsibility in any manner as to take care of elderly parents.

 

what are the options available for A to not to give 1/4th share to C?

can A recover the money he spent for C studies and dental hosptial set up?



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 April 2013

Now first of all you did not make it clear whether the properties are the self acquired properties of A or his ancestral property. In case of ancestral property he cannot oust B from his share. However in case it is the self acquired property of A then, he has every right to distribute in the way he likes. Nobody can object. He can very well oust C from having any share in his property. However he cannot recover the money he spent for the education and dental hospital of C as he has spent it out of his own free will and I am sure there is no written agreement between the father and son that the son would repay the amount to the father spent for his hospital within some stipulated time.

Chand (associate)     18 April 2013

A has got 5 acres ancestral property and 10 acres self acquired property. C has mentioned in the suit that he is part of the joint family. actually he has a house property on his name and will the C's house also be part of joint family and come under partition?


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