One Son and Two Daughters

TWO THINGS NEED TO BE CONSIDERED

1.IS YOUR FATHER ALIVE? IF YES(AS APPEARS FROM YOUR POST ALSO) THEN  WHETHER THE PROPERTY  IS SELF ACQUIRED TO GOT IT BY INHERITANCE OR WILL?

IF IT IS A SELF ACQUIRED PROPERTY BY YOUR FATHER THEN YOUR FATHER IN MY OPENION HAS ALL THE RIGHTS TO GIVE IT TO WHOM SO EVER HE WANTS , INCLUDING YOU.

Thanks for your reply... If my father has got the property from inheritance then what is the procedure?

KINDLY INFORM THE FOLLOWING:-

1. IS YOUR FATHER ALIVE.

2. WHAT WAS THE MODE OF INHERTANCE OF THE PROPERTY..SPECIFY THAT HE GOT THE SAME THROUGH WILL OF YOUR GRAND FATHER OF GIFT OF SOME BODY ELSE.

YOU CAN GO THROUGH HINDU SUCCESSION ACT 1956, AS AMENDED IN 2005.THE COPY IS EASILY AVAILABLE IN THE INTERNET.

My father is alive.  Now tell me what how can my problem be solved?

Why did your father did not educate you, while he educated your sisters? Were you not interested in studies? It is unbelievable that he did not educate his only son while he educated his daughters. Is your father well-disposed towards you? If so and if he is alive he can certainly help you, whatever the Hindu Succession Act may say. If your relationship with your father is not good, then it is a difficult situation. He may not even bequeath to you what is your share by law of inheritance.

Dear Dr.MPS RAMANI Sir, My father is alive and more than me, he is very focussed towards giving it to his daughter, because his son-in-law is forcing and asking for property.   There are many reasons that my father did not educate me.  Might be he would have thought he could save money.  If i would have studied BE, it would have surely costed around 6-7 lakhs for him.  I have sacrified a lot in my early life, only to be happy later on, but not to give my fathers property to my sister or anyone else.   please tell me how to find a solution for this problem.??

You are saying that your father did not want to spend on your education, but he spent large amount on the education of your sisters and also on the marriage of your elder sister. You also say that the health of your wife is bad  and you have to spend a lot on medical expenses. Is your mother alive? Do you, your wife, your parents and your younger sister stay together in the same house? How are the relationships between your wife and your mother and your wife and your sister?

 I find from your letter that what you want is money for your expenses and not right to property. It is unbelievable that your father favours your sisters in preference to you. Have you discussed your problem with your father? What does he say?

 Do you fear that your brother-in-law will take away your family property? Is your father inclined to accede to your brother-in-law? Or is he likely to submit to pressure from him. If your fear is that your father will give away property to your elder sister/brother-in-law, you bring a court injunction against such transfer. You hire a good lawyer to do that..

Dear Dr.MPS RAMANI Sir, My mother is alive.  More than me, both my father and my mother are on the side of my sister and brother-in-law.   My parents live in our own home.  Im running my business at a far place from my home.  So im living in a rented home with my wife and my daughter.  My younger sister is living in my elder sisters home.  When the property problem started, everybody is against me because i said i should not give the property.  Yes, my father favours my sisters more than me.  My father is inclined to accede to my brother-in-law because he is getting pressure from my sister and brother-in-law.. 

If it is your ancestral property you can rightly file a suit for partition and get your portion. But, if the porperty isnt inherited and all of it is self acquired by your father then untill his death you arent entitled to anything, unless he gifts you anything. Moreover, after his death your both sisters are also entitled to the property.

Dear Aniket Giri Sir,

There is ancestral property as well as self acquired property by my father. 

Ancestral property: I knew that ancestral property directly comes to me bcoz im the only grandson.  How far this is true? 

Self Acquired property: The problem is here only.

So, in both the properties im having issues.  My father is not transferring anything to my name.  kindly suggest me what to do...

Mr sanjay if the property hold by your father is self aquired property then ask your father to beqauth it to you or your any of the family member by way of gift deed or will. To excute gift deed FULL STAMP DUTY is required and for WILL DEED no duty is required. But there is one thing, your father should have full faith on you that in near future you will not cheat him in his life time else he can recall the document execute in your favour. 

What Advocate Kesharwani suggests is like belling the cat.  It appears from all that you have narrated that you are not in the good books of your father. If you do not want to disclose the reason I do not want to hear it. You are not worried about the ancestral property. You are only particular about his self-acquired property. As your relationship with your father is not good, he will not bequeath any property in your favour. Are you sure that your father has not already written a Will? It is not necessary that he tells you or even anybody else in the family about his Will. The best thing that can happen to you is that he does not make a Will. If he dies without a Will, you, your sisters and your mother will get equal share. You will be assured of a one-fourth share at least. That may be the reason that your brother-in-law is insisting on your father transferring his property to him during his life-time itself. As I suggested earlier I suggest at least you try to get a caveat saying that your father should not transfer any property to anyone without your prior knowledge. And when you come to know of such transfer, you can try to take preventive action in consultation with your lawyer.

I suspect that you are not disclosing everything. I have many sisters, nephews and nieces. In most cases the nephews are selfish and incapable of making good earnings. On the other hand their sisters and their husbands are considerate. They look after their parents without expecting anything in return. On the other hand, the brothers and their wives have only their eyes on the properties of their parents.

I do not think that your case is like that. Also it is strange that your younger sister is staying with your elder sister and her husband and not with your parents.