My rights
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
Hi,
I would like to know my rights.
My father passed away in 2002. I am the eldest son in the family of 2 children. My mother and my sister (6 years younger) has not been sharing matters relating to financial and legal issues with me and my family. I married in the year 1999. It was a love cum arranged marriage. My mother was not completely in favour of this marriage. It was an problem everyday. Post my father's death I and my family was treated like an outcast. I would not be kept in loop for any matters relating to the house. When I realised this I started asking things openly. But it was very cunningly potrayed as my ulterior motive. I just want to know my rights as a son. We stay at the house my father built. My sister is married and settled.She was given a dowry of 10 lakh from my father's money. She was also given to take the job in my father's company as he died in service although I was entitled for the job.
I am a syrian christian from Kerala. I have not been making a hue and cry about my state as it would disturb the famlily. But now I feel that I should know my rights along with my mother's and sisters. What does the law say? Does the house come to me. What is my share in my father's property and finance? Please advise.
Thanks,
Saju
R.Ramachandran
(Expert) 19 September 2011
Indian Succession Act, 1925 will apply in your case.
I hope your father had not left any WILL or gifted away the property in anybody's favour.
If that be the case, then all the three of you i.e. your mother, you and your younger sister are legal heirs of your father.
Your mother will get 1/3rd or the property.
The remaining 2/3rd has to be shared equally between you and your younger sister.
In this case strangely and by co-incidence, all of you i.e. your mother, you and your sister will get 1/3rd each. (That need not be always. For instance, if you had one more sibling the shares of each of the brother and sister would have been different than 1/3rd.)
ajay sethi
(Expert) 19 September 2011
i presume your father died intestate ie without leaving a will
2) in such a case your mother and her 2 children ie you and ur sister have eqaul share in the property .
3) you will be governed by provisions of indian succession act 1925
section 33 prvides that Where the intestate
has left a widow--
(a) if he has also left any lineal descendants, one-third of
his property shall belong to his widow, and the
remaining two-thirds shall go to his lineal
descendants,
Guest
(Expert) 19 September 2011
I agree with experts nothing more to say
prabhakar singh
(Expert) 19 September 2011
rightly opined by experts in case your father died intestate,you being subject to Indian Succession Act 1925,section 33,your mother gets 1/3,you 1/3 and so also your sister gets 1/3.
Raj Kumar Makkad
(Expert) 19 September 2011
You have only 1/3 share over the properties left by your father irrespective of your situation.
Guest
(Expert) 20 September 2011
Agree with experts.
Querist :
Anonymous
(Querist) 20 September 2011
Thanks to each of you Sirs.
I understand that 1/3 of the total share will be each one of us.
First, I would also want to know will dowry of Rs. 10 lakh given to my sister is considered as part of her 1/3rd shar
Secondly doesnt my giving her my father's job although it was my right to it as the eldest in the family make any difference to my rights?
girish shringi
(Expert) 23 September 2011
If any amount is given to your sister,that can be considered,with mutual understanding.
Second the right of employment goes to the person who is unemployed,at the time of recruitment.
girish shringi
(Expert) 23 September 2011
If any amount is given to your sister,that can be considered,with mutual understanding.
Second the right of employment goes to the person who is unemployed,at the time of recruitment.
Querist :
Anonymous
(Querist) 24 September 2011
Thank you Mr. Girish.
I have my doubts cleared.
R.Ramachandran
(Expert) 24 September 2011
Dear Anonymous,
What is to be shared is what has been left behind by your deceased father. You will not be able to adjust whatever was given by your father to anybody (whether it is your sister or others). They will be treated as gift by your father to her and nothing to do with the sharing of the property.
If your sister comes forward and agrees to have those things adjusted from the share that is entirely a different matter altogether. BUT, YOU WILL NOT BE ABLE TO ADJUST SUCH AMOUNTS AS A MATTER OF YOUR LEGAL RIGHT.
