Family legacy
kalpit
(Querist) 29 March 2012
This query is : Resolved
We are two brothers and one sister all married and my parents. All now staying separately, though my parents have given my elder brother all the legacy and not given a single rupee to me and i am living in a rented place whereas they both are staying in a lavish properties, besides my brother is given a huge fortune by my parents and i am left out with nothing. there is no particular reason justifying their act and its just because of family politics. how can i claim my rights on the family wealth? ours is a hindu family so can i file a suit under joint hindu family property for the real estate and capital in business? can i file against my parents for the property they are living in so that me and my wife can share the apartment with help of my wife's matrimonial rights on property to live there? The property is owned by my parents and 10% of it was owned by my late grandfather. i am homeless at present. How can i legally fight against my brother who has taken away all the capital and family wealth? Pls Help...
Adv.R.P.Chugh
(Expert) 29 March 2012
Dear Querist,
You've not mentioned how your parents have given away all the property to your brother. Is it through a Gift or a Will.
If the property is self acquired property of your father - and not inherited ancestral property you cannot lay a claim to the same.
Your's wife's right over her matrimonial home would depend on whether you guys stayed there or established that house as your matrimonial home after marriage, this would give limited rights to your wife to stay (no propreitary interest at all).
sanjeev murthy desai
(Expert) 29 March 2012
During the life time of your parents grand children don't have any rights with respect to 10% of grand father property. However your parents have absolute ownership with respect to the remaining 90% of their owned property. However you don't have any rights with respect to such property and even you don't have any documents to shows the existence of joint family.
Your wife also don't have any property rights and she can make a claim for maintenance against father in law unless husband is not able to maintain her and both of you already left out matrimonial home with out having any evidence. Hence your case don't have too much merits.
ajay sethi
(Expert) 29 March 2012
you have not given any particulars as to how property has devolved on your brother . answer the queries raised by bharat .
since you have failed to clarify queries raised by bharat more than 3 hours ago it would be difficult to clarify all your doubts .
your parrnts can by means of gift deed transfer proiperty in name of their elder son
connsult a local lawyer
Shonee Kapoor
(Expert) 30 March 2012
Exactly, unless it is known in which manner the property came into the possession of your parents, nothing can be advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kalpit
(Querist) 31 March 2012
Thanks for response. I am much Obliged.
My parents had given my brother capital as investment when he started his career and later gave gift of rest of capital.
They have not given any real estate to him.
The property which was family owned was sold by my father and instead bought a new property on his own name. The apartment which we were jointly residing was bought in 1995 with 90% value paid by parents and 10% paid by my grandfather who passed away inn 2000. I have all legal proof of residing there ever since till date like passport, ration card, and communication address for income tax and other government agencies. after my marriage in 2005 my wife also have stayed there with me and also have the above legal proof of residing in that property.
1)Now can i lay claim of the residential property above mentioned?
2)Can i, in any way get my share of the legacy from my brother?
3)Can i get to officially stay in the residential property, even in case of me being in a rented property since may 2011, and that right stays even i leave country for work for few years?
4)Does Hindu Succession Act, can help me in the above issue, since we do not have much maintained in income tax or otherwise in HUF a/c.
kalpit
(Querist) 31 March 2012
What documents can prove the existence of joint family.
1) I have a ration card with me my wife and my parents with the same address.
2) Me and my wife's passport show the same address.
3) Our communication in government agencies show the same address.
4) My name was added to the share certificate of the apartment after my grandfathers death in 2000 but later my father removed it in 2009. I have a copy of that.He also removed my name from the nomination in the apartment.
I have resided ever since the apartment was bought, i got married in 2005 and wife had stayed there till december 2010.
and myself till may 2011.
Shonee Kapoor
(Expert) 01 April 2012
No, you can not claim this property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 01 April 2012
only ancestral property can be claimed, not gifted, nor self acquired.
