partition in father earned assets

Querist : Anonymous (Querist) 09 October 2010 This query is : Resolved
Dear All Experts,

Kindly give me your valuable reply.Thanks

One of my friend father having assets, father has own earned and constructed a house, now 4sons can ask to the father transfer the propery to us with a partition suit or sale deed or gift, can 4 sons have rights to share the father own earned assets, if yes what are procedure is there. in case the above said matter is muslim father and sons what are the procedure's follows.

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ESTHERPRIYA (Expert) 09 October 2010
The father and sons can partition the property and it is the intention of the father alone as the property is a self acquired one. Moreover there are various ways to convey the property the best way we can opt to. In case of muslim, it depends upon the class you belong to shia or sunni muslims.

R.Ramachandran (Expert) 09 October 2010
Dear Anonymous,
If it is the self-earned/acquired property of the father, then it is his individual absolute property. He can do whatever that wants with the property. He can dispose of the same as he likes. He can gift/will it away to a total stranger (and not giving anything to any of his sons!) or give the entire property to only one or two of his sons etc.
The sons or daughters have no legal right whatsoever to claim a share in his property during his life time.
If he does not leave any will, then upon his death, the widow, sons and daughters will be inheriting the property in equal share.