How to get share in my father's property
Arvind
(Querist) 02 January 2014
This query is : Resolved
Sir,
We are 3 brothers and one sister. My father is 70 years old and paralysed from past 7 years. I am the eldest. Father had 4 sites (30*40 size) and planned to distribute equaly among us. My 2nd younger brother and younger sister have got through gift deed from my father. My 1st younger brother, who is looking after our father had taken the site which, I suppose to get. This was possible, as my father was with him and he taken undue advantage. I stay 600kms away from them, as working in private firm. Now when I asked to share one site to back to me, he is saying father has given him 2 sites, since he is looing after him. Please advise me, if I go to court, do I get justice
Guest
(Expert) 02 January 2014
Please confirm whether it is self acquired or ancestral property.
malipeddi jaggarao
(Expert) 03 January 2014
If it is your father's self-acquired property, he can deal with it in whatever way he wishes. Nobody has any right.
When it is self-acquired property what is the wrong in giving 2 plots to a son who is taking care of the father? Instead of looking for the property you should take care of your father. Though you are at a far-off place, for giving love and affection, the distance is not a factor.
One should think of the rights, only when he performs his duties.
Rajendra K Goyal
(Expert) 03 January 2014
If the property was self acquired your father had all rights to dispose it as er his desire. The sites given by gift deed are OK how other sites were dealt.
If these were also gifted, you have no
right for self acquired sites. if any site neither gifted nor will done, you can get equal share from that site after demise of your father.
Sudhir Kumar, Advocate
(Expert) 03 January 2014
what do you mean by saying
"This was possible, as my father was with him and he taken undue advantage. I stay 600kms "
Sudhir Kumar, Advocate
(Expert) 03 January 2014
so far you have not disclosed any fact which could give you actionable right.
Kumar Doab
(Expert) 03 January 2014
Parents normally do not discriminate.
Father who is sick and old normally would like to share equally.
Take some time off to be near your father and serve at this juncture and have his blessings.
He may gift the property also to you.
May be the brother wants to keep you away.
May be the father being sick and old is dependent and probably is waiting and wanting you to come.
T. Kalaiselvan, Advocate
(Expert) 04 January 2014
Your father's self acquired property can be disposed off by him the manner he desires to. Generally, even if your father was looked after by your younger brother with utmost care, your father who is suffering from chronic ailments may not have taken a decision doing injustice to you, as you have stated that he is paralysed for seven years, please verify if some forgery had taken place.
Sudhir Kumar, Advocate
(Expert) 04 January 2014
Agreeing with Mr Kumar Doab I will add.
Your being posted at 600km away and you being employed in private company, are just of no consequence. He is your father and you are legally bound to maintain him. Maintenance as per law is not merely money.
Your brother and your father had failed to fasten this legal implication on you.
You said
"This was possible, as my father was with him and he taken undue advantage. I stay 600kms "
You are still free to bring father with you and take due (or undue) advantage whatever you want at the proportion of sweat and tears you shed in looking after a paralyses father. At present you (inducing your wife and children) do not have to hand feed him, lift his urine and stool, wash his excreta spoiled bedding, make him bath and change his dress, arrange for shave and hair cut on bed.
In this situation it will be immoral for your father to leave even a single penny for you or for any other brother.
But when comes to sharing property you are in front and equal.
I wish to share with the experts that these days it has become a fashion in society to say "meri to private naukri hai" and walk away from parental responsibility.
malipeddi jaggarao
(Expert) 04 January 2014
Hats off Mr.Sudhirkumarji! I fully agree with you.
