RK (Doctor) 13 October 2010

RENT - PROPERTY DIVISION

Dear Sir/Madam, I have two brothers and 1 sister. All are working , married and living seprately. I am only one yet to marry . My parents live on the RENT of the ancestral property . (Infact , my father has restructured the property ). Rent is sufficient enough for them to live for my parents. My second elder brother want the share of the RENT and PROPERTY and planning to go the court.

My parents are concerning about my marriage , so they told my second elder brother to wait for another year but he did not agree for that.

Can my parents request the judge to hold the property distribution on the ground that their youngest son get alliance and get married ?

Will my parents WILL get the full rent or RENT will be distributed immedietely among us. Infact no sibling want RENT or property participation except second elder brother.

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 October 2010

Till your parents are alive they have absolute control on the property, it can be devided or distributed.

adv. rajeev ( rajoo ) (practicing advocate) 13 October 2010

If it is self acquired property of your parents your sister cannot do anything and your parents cannot submit to the court that son is not yet married and got alliance.

RK (Doctor) 14 October 2010

Hello Sashikumar sir, I did not fully understand. Will my parents are no longer get FULL rent of the property. What about the division of properties if my parents are not willing to division/partition for another 2 years ? Can you please clarify.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 14 October 2010

Your parents will get full rent till they are alive.

Pradeep Kumar (Lawyer) 15 October 2010

Dear Sir,

As the property and rent arising out of it ,comes from the ancestral source.Your brother has the right to claim share from the property.However,as you mentioned that your father wants him to wait,till you get married.But he is adamant to his request,you can ask your father to file a suit for Injucntion till the property is divided and by that time you can also get married.You father has the right to rent till the court adjudicate the division pattern.For more:- pradeep.k.khatana@gmail.com.