Can i get a share in my father's self earned property


Sir my name is pandian. My father has a house in our native village & a small complex wich has 4 shops & a house in it in madurai. All these were his self earned property.

I am residing in the house in that small complex & running a hardware store in a shop in it. Rest of the 3 shops were rented & rent was collected by my dad.

I never paid rent for my home or for my shop to my dad. But i am living in it since 2004.

6 years back my father drafted a will.  In that will he wrote that entire complex (4 shops + 1 house i am living will belongs to my younger brother & his son)

3 years back he wrote another will stating that another small house in village (this also my fathers self earned property) belongs to me.

For the past 5 years i hav struggled with my father that i want that complex (not full, just the house i am living & the shop i am running) and asked him to change the will.

But my father refused to change it. Few months back my father passed away. And now my brother claiming the property belongs to him.

But i need the home & shop which i was in it for the past 17 years.

But the will clearly states it belongs to my brother & his son & i doesnt have any right in it

Can i have the chance of getting it by suing a case sir.

My brother is a physically disabled person (polio affected) so he wants the entire building. 

But the house which was wrote in the will infavour of me is not in the town. Its in our native village, i cant do business in village.  I have 3 daughters. My shop is the only source for my family to survive, running it for 15 years in it.

Need ur advice🙏🙏

 
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Lawyer

Instead of moving to Court prefer to resolve the issue amicably and distribute the properties left behind by your father by meets and bounds. You can explore help from near and dear relatives.

Where is the property located to ascertain whether the "Will" stated to have been executed by deceased is to be "compulsory" probated ? 

However, if you are unable to sort out the problem, you may challenge the will executed by your father, which is, otherwise, properly executed and maintainable in law.  

Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
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Advocate

Amicable solution only the way to solve your issues as pointed by the learned expert Mr.Vashista ji. Where the village located near Madurai? What is your brother doing now?  

If your brother is not agrees amicable way to sort out the problem then consult a local lawyer and you can challenge the WILL 

 

 
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Retired employee.

The better option is proposing market rent for the property which you are running the shop and residing in through a notice from the local advocate.  As you are in possession, your brother has to evict you through the process of court and it takes many years.  You can just delay giving possession to buy time for permanently shifting to alternate accommodation.  I am not certain on what grounds you can challenge the will knowing the facts that the properties are self-acquired and bequeathed to his sons through a will which is also admitted fact.

 
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CEO

Since the properties were your father's self earned his Will has to be honoured. You can demand tenancy rights of the properties under your usage and offer rents as per the local market values, subject to the ruling tenancy laws of your state.

 
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Advocate

Admittedly, the Will no defect could be attributed to the Will. As such, the prudent option is to protect your rights as the tenant.

 
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My brother also running a fancy store in the same city. My dad clearly stated in the will that after his demise the entire property belongs to my brother & his son and they have the entire right to sell or lease or transfer the property.

Now my brother claiming rent for my shop & my home?

He is also saying he wants money for her daughter marriage & his son higher studies.

So he want to sell the property within a year?

If i challenge the will in court, can i win the case sir. As he is a disabled person. One of my wife relative said that "as he is a disabled person its too hard to challenge by court- even if u challenge u have to give the rent"

What can i do if he directly made a sales deed without probating the will?

Now the main problem is that he claims rent from me! Can i continue my business in the shop & stay in the home without giving rent sir?

 

 
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Advocate

Facts posted suggest no grounds to challenge the Will.

Payment of Rent Will protect your rights as the tenant. 

 
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Retired employee.

Your brother's demands are legitimate and you must pay market rent to him as he has become the absolute owner of the property soon after the death of your father with a valid will.

Your father knows much about his sons and might have considered several things and rightly distributed his property.

My brother also running a fancy store in the same city. My dad clearly stated in the will that after his demise the entire property belongs to my brother & his son and they have the entire right to sell or lease or transfer the property.

The will comes into effect after your father's death and your brother has acquired legitimate and legally valid title through such will.

Now my brother claiming rent for my shop & my home?

Because he is having such rights and actual necessity, there is no illegal and unjustified claim by him.

 

He is also saying he wants money for her daughter marriage & his son higher studies.

You have accepted/admitted facts and not stated his need as false.   This is in no way relevant to the query and it only shows your knowledge on his urgency.

So he want to sell the property within a year?

He can even sell this day itself because he has become absolute owner by virtue of the will by your father.  You have got adequate time to plan for shifting as he has indirectly considered your need and wishes to sell after one year.

If i challenge the will in court, can i win the case sir.

Have you started on what grounds you are going to challenge the will .  Without knowing your objections and going through will no one can express opinion about your success.  You may have to wait for a decade for such judgment and winning a case is uncertain.  If you lose the case you have to pay expenses and rent fixed by the court as you were in illegal occupation without any valid ground with such interest.

 

As he is a disabled person. One of my wife relative said that "as he is a disabled person its too hard to challenge by court- even if u challenge u have to give the rent"

No further comments on suggestions give by your wife relative.  

What can i do if he directly made a sales deed without probating the will?

Who are you to do anything when he is selling his own property for his children's needs and urgency?  Probating a will may not be necessary at your place.  Who has stated to you that probation of will is necessary?  

Now the main problem is that he claims rent from me!

You have all these years enjoyed the property of business and residence without rent.  But when the real owner claims rent and that differently abled person has a real necessity for the expenditure to his children, what is the problem ?

Have you heard  at any time of any brother occupying the younger disabled brother's property and considering that paying rent as a problem  and not willing to pay any rent when such brother is really in need of money for his children.    When you post something there should be honesty and justification in dealings.   This forum is not meant to encourage litigation between brothers.

 Can i continue my business in the shop & stay in the home without giving rent sir?  

The law will never permit.   Your own friends, relatives do not approve of your action against your own brother, your brother and his family forever be distanced from you and your family.   

None of the members guide you to go any principles and values.  The property legitimately belongs to your brother..  He is differently-abled.  His necessities are genuine .  You are a businessman and wanted to illegally occupy the house without paying rent to your disabled brother/owner and want guidance to continue the occupation of both shop and residence without giving rent and seeking 

You can not expect such guidance from members as your motives are clear and there is no honesty and justification in your dealings.  Life is not certain.  Destiny plays its own course.  Never, Never think of troubling/harssing poor and week brother in the name of litigation.   Negotiate for a good rent and help him.

Read more at: https://www.lawyersclubindia.com/forum/can-i-get-a-share-in-my-father-s-self-earned-property-218068.asp

 
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Advocate

On the basis of the information you have posted in this thread it confirms that this property was your father's self acquired property, hence the Will made by him to transfer his properties to the person of his choice is very much valid and it cannot be challenged before court of law for any reason  or for the reason that your father had done injustice to you by allocating a small house in the native village and bequeathed a big property with good value in the city/tow to your brother.

Since this is not your property, your grievances in this regard is not justified and the court may not be convinced about it, instead your claim or challenges in this regard would be rejected/dismissed by court.

Since your brother has given an offer to you to stay in the house property as well as to occupy the shop for your business on rental basis, you may accept his offer without wasting your time, energy and money on unnecessary litigation by which you cannot get any relief.

If you are still adamant about  proceedings with your misconceived remedies on the basis of rumours or misguidance, you may stand a loser ultimately and would suffer heavy losses in all aspects as a  result.

 
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