Nishi Jha (Associate Director) 29 February 2012

Right to claim on father's own property

Hi,

My father bought a property during his employment with government body. He has three children, two daughters (both married and blessed with children) and a son (married and blessed with children). Now he has sold his property and planning to buy another property in a joint name with his son. I want to know since he has already finalised a property to buy. We (daughters) feel we should also get some money out of this sale as when this property was bought we also sacrificed few comforts during our childhood and we being part of the family should have some percentage of money.

I would like to know whether we have any right on the same or we are on his mercy if he would like to give something to us or not. What shall we do so that we get some share out of this sale.

Please treat this as urgent and reply as soon as possible on my email id nishijha_23@yahoo.com

Thanks.

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3 Replies

Shantilal Pandya ( Advocate) 29 February 2012

Madam ,

You have no case for claiming any interest in the property which is self acquired by your father , your father has evry right to dispose it off in the manner he likes. the fact that you have contributed your comforts and were part of the family has hardly any relevance,however unless it is proved that the prperty is a joint family prperty and you are members of that family and the property was acquired from the joint funds, you do not have any interest in the property

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 February 2012

Concurring with what has been said above - having no rights in his lifetime - you'd obviously get a share at the time of his death provided he does not dispose it off