Share in my property
kalanidhi
(Querist) 29 February 2012
This query is : Resolved
I am originally from Odisha but settled in Bangalore. I have 1 brother and 2 sisters and I am the eldest among them. I helped my brother come to banaglore and study and find a job. Even upto 5 years in his job he was living with my family and I have never asked him to share the House rent or monthly ration expenses etc. But when I asked to share these things due to my bad financial condition, he refused to pay. My parents also said the same thing as my brother.Then they made me pay for my sister's marriage even after I pleaded them that it will lead to heavy borrowing. I was frustrated with my family's apathy towards my financial problems and decided to move apart.
Can I claim any share from my ancestral property now? If I buy any property, do any of my parents,brothers or sisters have any rights on them?
do they have any rights DURING OR AFTER MY LIFE,over my bank account/insurance/or any other amounts that may accrue to me ?
If so, please let me know how to safe guard my properties ?I don't want to give any single paisa from my hard earned money to any of my parents/brothers/sisters.
Raj Kumar Makkad
(Expert) 29 February 2012
You have not only right in the ancestral properties but also in self acquired properties left by your parents in equal share with your brothers and sisters.
Whatever you earn either in cash or property shall belong to you and no other person can claim any right thereto during your life time.
kalanidhi
(Querist) 29 February 2012
Thanks for the response.
But can i put a claim of ancestral properties now? because i doubt that my parents may sell the properties in the pretext of loss in business etc.
and transfer the money to my brother in cash in future.
Also about my property/cash, they may not have any rights during my life, but what will happen after that ?Do any of my parents/brothers/sisters do have any rights over my insurance/property/any other accrual, after my life ?
prabhakar singh
(Expert) 29 February 2012
Can I claim any share from my ancestral property now?
ANSWER.......
Yes! you can as your father,you and other sons and daughters are equal coparcener in the ancestral property provided you belong to belt where Mitakshra school of succession was in practice.In case of Dayabhag school in practice,you can not.Dayabhag school is in practice mostly in west Bengal and Assam.
I am not aware about ORISSA??Get it checked by local advocate.
If I buy any property, do any of my parents,brothers or sisters have any rights on them?
ANSWER.......
No,none of them claim any right in property
purchased by you from your funds in your name ,they would treated as your self acquired property.
Q???
do they have any rights over my bank account/insurance/or any other amounts that may accrue to me ? If so, please let me know how to safe guard my properties ?
ANSWER.......
No they do not have any right at all.
Hence you need not worry at all in this regard.
Shonee Kapoor
(Expert) 29 February 2012
Nothing left to add after the considered opinion of Ld. Prabhakar Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kalanidhi
(Querist) 01 March 2012
Thanks for your suggestions.
