Daughter's Share

Mohit (Querist) 12 January 2011 This query is : Resolved
My father is retired and getting pension. My Mom is housewife, I (son) earns 20K PM and my Sister (unmarried) earns 16K PM. whatever we have all movable or immovable assets are earned by father only (with my salary included for 4 years). Sister never shared her salary. Now my Sister is adament on getting a share from my father's assets. she is already an owner of a flat, car and all household items (given to her by father). and would like her share to be calculated and given to her. I would like to know how much is she legally ask. I mean can she ask for 50% of all father's earning or 25% as my father's earning can be divided into 4 parts. and I would much appreciate if you can advise on how can the calculation be done as what to include and what not.

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adv. rajeev ( rajoo ) (Expert) 12 January 2011
In the father's self acquired property daughter cannot seek any share during the life of the father.

s.subramanian (Expert) 12 January 2011
Yes. I agree with Mr.rajoo.

Y V Vishweshwar Rao (Expert) 12 January 2011
I agree with Mr Rajoo !

The Self Acquired property of father can not be claimed as of right by Son or Daughter whether they are married or unmarried !

Father has exclusive rights to give the said property to any one it is his exclusive right to dispose the property as he likes -by Will etc

But for emotional behaviors of elder sons and other children etc the old Parents , to keep peaceful relations with children /some children - will be doing things even against their rights /desire ! It is family matter Rights of Father to be exercised .

Amit Minocha (Expert) 12 January 2011
get a 'will' of your father registerd to aviod future disputes. YOu sister cannot claim any amt forcibely.

Mohit (Querist) 12 January 2011
Thank you All for your reply.

Please guide me regarding one small query.

As of now I and my father are in the process of calculating my sister's share and will give her what settles the issue for now (It will be done because of the reason as mentioned by Mr Rao that to keep peaceful relations with my sister).
Till my father is present and can excercise his right, things will be fine but in my father's absence what precautions can be taken to make sure this issue will not surface again. I mean whether Will is the only solution or anything else can be done. Also If we need to prepare a Will, Kindly provide contact details of a good Consultant/Advocate.

Thanks in Advance

Mohit (Querist) 12 January 2011
I just checked Amit's reply regarding Will to avoid further disputes. This solves my query. Thank you all for your quick reply.

If you can provide me contact details of a good Consultant/Advocate in delhi-Ghaziabad, that will be much appreciated.