Maplez (NOt much) 24 May 2015

Parents property

Hi,

I have married againts the wish of my parents. Both of us belong to diff religions and we separately practise the same. We have a son. We visit our parents individual as both set of parents refuse to meet the respected spouses.

My parents have a house and its in my dad's name. But any money that went in purchasing that house was my mothers.

All this while, I was least concerned, but now, this has me worried. So far both my husband or me - we - havent inherited anything or taken any money- property from our respective parents. We didn;t intended to.

What bothers me now, is that I am the only child of my parents, and my dad being so angry with me, wishes to give the house to my cousin. It doesnt really bother me much, coz I dont stay in the same city as theirs, and as a person, he can donate his house to any one he wishes. But as a person, I am feeling bad. My relationship with this cousin is good, But who would return - such gifts anyway?:P

I am not a saint saying - ok let it be, but I also feel, that I should have it. I am not gonna have a suit or hire a lawyer. Don't want all that. But, If my dad HASN'T made a will? Would it automatically come to me?

The property papers as registered has me as the nominee.

Any insight would be helpful. I understand this could be deemed as a personal matter, but anything in this which can be as per law would be appreciated.

TIA

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6 Replies

saravanan s (legal advisor) 25 May 2015

if he dies intestate then you will get a share along with his mother (if alive at that time), and his wife i.e your mother.

Maplez (NOt much) 25 May 2015

Thanks, Mr. Saravanan.

That means, my mom and me - gets the share. Since Grandma passed away some years back.

.What about my child?

SAINATH DEVALLA (LEGAL CONSULTANT) 25 May 2015

UR child will have access only to the share received by in future.

saravanan s (legal advisor) 25 May 2015

your child wont get a seperate share as its not a legal heir to your father.it can inherit your share alone in the future

Dr J C Vashista (Advocate) 26 May 2015

Is the property self-acquired or inherited by your father? If self-acquired the situation shall be different to inherited.

Contact, consult and engage a local lawyer to protect your interest well in advance i.e., before your father donates to your cousin.

T. Kalaiselvan, Advocate (Advocate) 29 May 2015

This is your father's self acquired property, so he has got full rights to dispose it in any manner and can transfer it by any legal means to any person of his choice during his life time. In the event of the property becoming intestate upon the sad and sudden demise of your father who has not made any arrangement towards this property in anyone's favor, then the property will devolve on all his legal heirs equally. That way, your mother will also be a co-sharer in it along with you. For the present you cannot claim a share from it from your father.

Your children will not entitled to a share in it any time even after you acquire or inherit the same by any means. However you can gift your share of property to your children if you would like to.