Right of sons over property acquired by father

This query is : Resolved 
 

(Querist)
20 May 2018

dear sir
i am a retired employee and have earned some house properties in my name. my wife recently died in nov 2017. i got two male children who were of 37 years and got married and settled.the eldest so was attacked with kidney failure and was on dialysis since last 9 years. due to his bereaved condition some property was sold for his maintenance. now the second son was demanding to give him immediately some property other wise he will go to the court. in this connection i told him i will give some to his children after my death by writing a will. but he was black mailing me.further my wife was bedridden for 9 years before to death and he has neither visited nor taken care of her at any time. i found a letter after the death of my wife where in my wife wrote about him that he has herrazed and threatened over phone several times by using abusive language also for property. does he got any right to demand me for property that was solely acquired by me.we are harijan Christians/scheduled caste.i request you to kindly help me with your advice
thanking you very much
paripoornaiah




Being absolute owner of the property you can dispose of the property in any manner without intervention by your son. Your son cannot claim any right on your property during your life time.

paripoornaiah (Querist)
20 May 2018

respected sir,
thanks a lot and i am more peaceful now
with much respect
paripoornaiah


You are welcome.
.........

Ms.Usha Kapoor (Expert)
21 May 2018

You are the absolute owner of your self acquired property over which no one including your 2nd son has no rights.You can deal with the property in whatever manner you like such as sale, gift,, bequeath,, exchange, mortgage, etc etc.Your 2nd son is harassing you too much for the property call police and neck him out of the house.

adv. rajeev ( rajoo ) (Expert)
21 May 2018

If the properties are your self acquired properties your son has no right to claim the share. You can bequeath those properties to anybody or you can sell those.

Kumar Doab (Expert)
21 May 2018

You have duly narrated that property is self earned/acquired.
In your faith/community/caste-sub caste is there any custom that has sanction of law/precedence/rule/law that son has forced share in father’s property i.e. self earned/acquired.
If NO; then there is NO reason for you to feel disturbed on this matter.

More so the letter written by your wife before her death is a record.

Kumar Doab (Expert)
21 May 2018

You may also go thru;
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf
and rules framed in your state under the Act.
You can lodge complaint and even claim maintenance from errand son.
You can also lodge complaint with Sr. Citizen cell of LOCAL police.
You can very well dispose your self earned/acquired property in life time in any manner in anyone’s favor e.g; WILL.
Preferably register the WILL.

Kumar Doab (Expert)
21 May 2018

There are many threads on many aspects of WILL and discussed in many threads at LCI that you can search in SEARCH option e.g;

http://www.lawyersclubindia.com/experts/Execution-of-will-681671.asp
http://www.lawyersclubindia.com/experts/Will-for-fixed-deposite-663606.asp

Sudhir Kumar (Expert)
21 May 2018

let your son burn a few thousands of rupees and enrich lawyer, he gets nothing.

Kumar Doab (Expert)
21 May 2018

Same Query;
http://www.lawyersclubindia.com/forum/Right-of-children-over-self-aquired-property-179790.asp

Why to repeat!

Ms.Usha Kapoor (Expert)
30 June 2018

I stick to my above view.



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