Equal right
Dr.Siddhartha Sarkar
(Querist) 09 July 2012
This query is : Resolved
My father has a property with building having 4 rooms.We are three bothers.My father and mother both alive.After a long time I came there for permanent staying and they along with other two brothers protested to stay there with frequent mental harassment to leave the place permanently and refused to keep my furniture in the room and I started living in separate flat owned by me and I have been deprived to stay there permanently. Now my younger brother came permanently and he is staying there.My father and mother both enjoy pension till date. I said about the equal right of staying all children and he declined to accept.
1. I have to do all responsibilities of my parents all time.
2. I never asked before parents for sharing property
Can I seek equal rights with other brothers?
ajay sethi
(Expert) 09 July 2012
you are a well qualified doctor . you can afford to buy your own flat. why you want your father property?
it is his wish whom he wants to stay with him . you cannot legally claim as matter of right . it is your duty to look after your parents . you can afford it . may be your other brothers may not be as qualified as you are .
dont ask for any share . if your parents bequeath any share accept it . dont raise any grievance
Dr.Siddhartha Sarkar
(Querist) 09 July 2012
Dear Sethi
I do not want the property but I would like to stay at my birth place and I asked just justice of staying there as other brothers are enjoying.
Dr. Sarkar
Guest
(Expert) 09 July 2012
Dear Dr. Sidhhartha,
Rights and responsibilities always go side by side.
There must be some valid reason of your neglect of parents by you or your spouse, otherwise no parent refuses stay of his/her son to stay with them.
Moreover, when you have your own flat, what was any compelling need of sharing accommodation with your parents and other brothers, whether just for getting a share as a matter of right?
Dr.Siddhartha Sarkar
(Querist) 09 July 2012
Dear Dhingra
I do not want the property to be shared right now but I would like to stay at my birth place and I asked just equal right and justice of staying there with my parents as other brothers are enjoying.
Sarkar
ajay sethi
(Expert) 09 July 2012
it is your parents wish whether they want you to stay with them or not.
Guest
(Expert) 09 July 2012
Dear Dr. Sidhhartha,
Only humility, NOT right, on the part of you and your wife can convince your parents to accommodate you in their house. Your father has the sole right to allow or not anyone.
Anirudh
(Expert) 09 July 2012
Dear Dr. Siddhartha,
There is nothing called a birth place, or any right attached to it.
All said and done, at the end of the day, it is your father's (or your mother's) self earned property.
When they are alive, nobody (including your other brothers / sisters ) has any legally enforceable right whatsoever to insist to stay in the said house or to put your belongings in any part of the said property.
As already indicated by other experts, it is at the will and pleasure of your father or mother who in fact owns the property, the others (read as your other brothers / sisters) can stay in the premises. If tomorrow your parents think that even those persons whom they originally permitted to stay are no longer desirable to be accommodated, they can simply ask them to get out of the premises. The said sons/daughters cannot protest.
I do not want to get into other aspects like moral value, the duty to take care of parents etc. etc. especially when your parents are legally within their rights.
