Property law/rights question

Guest (Querist) 26 August 2011 This query is : Resolved
If the Father (NRI) is living and selling property in India while he is alive but only giving the money received to 4 of the 5 living children and not giving anything to oldest son, what rights does he have? Along with grandchildren?

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Raj Kumar Makkad (Expert) 26 August 2011
If property is self acquired of such owner (father in the given case), he has got full legal rights to sell it without asking anyone and he cannot be made bound to disburse the remittance of sale proceeds to one or all of his children. He can give it to any one or except all to any other institution or person or may not give to anyone means it is his mercy and in the given case eldest son has got no any legl right to hue and cry.

Advocate Bhartesh goyal Online

(Expert) 27 August 2011
Yes if the questioned property is self acquired property of father then he has all legal right to sale ,alienate or transfer in any other manner to any one.Elder son or grand children have no any right to challange him.

prabhakar singh (Expert) 27 August 2011
Experts are right,an absolute owner is like a king of his self earned properties and can LEGALLY CAPABLE TO DO ANY THING TO HIS OWN CREATED WEALTH BUT WHY his EMOTIONS are so SICK .Even if his oldest son or grandchildren have erred some where he should not react this way.?????

Advocate Rajkumarlaxman (Expert) 27 August 2011
I agree with the experts but if it is ancestral property then the son can move against him and has equal share in the property along with other children