Does the elder son with his younger sister hasrights in fathers immovable asset after his death.

1.   If the property was self acquired of the deceased father, he had legal rights to transfer it through sale, gift, settlement deed or will to any one. The son can not automatically claim an equal shares merely because he is son.

2. If the property is ancestral or forms part of HUF, then son and daughter both have equal rights as per Hindu Succession Act 1956.

3.  Son living abroad can execute a special power of Attorney before the Indian Embassy/ consulate authorising a trusted person or Advocate in India, who can institute and conduct litigation on his behalf. For his travel ban and unpaid salary he can approach Indian Embassy/ consulate or local lawyer there.

Well advised by the expert above.

I endorse my opinion.

Dear Sir,

Noted your message. let us know by which way he can ask for the rights in the property, because it was given by his father and till and after his death, his sister didn't reveal the truth of the transfer of the property. It was not informed or intimated through any source of communication. thats the reason, his son is feeling cheated by his father, mother and sister. 

Basically, his son is a good person and till his father death or after as well never initiated or claimed his right to his sister or mother. he esclated this issue after his mother strictly told him that you dont come to see us and this is your sister property given by his father. He never even thought of the property claiming subject to them. Unfortunately, his family has abused him from long time and deserted him away. he has good education, good job, good character and very exclusion person of soft spoken character. 

when his mother said that he is not allowed to see her or his sister. if he tries to come and see him, they give go for legal procedures to avoid seeing him. He got totally upset. he doesn't have any legal issues in India. He is a very clean and good hearted person and does donations for food, clothes, medicine and finding free jobs and a positive motivatioal speaker.  he is proactive and selfless person. 

We want justice for him. thats all sir. Thank you. 

Veery well analysed, opined and advised by experts, I concur.

However, what is the opinion and advise of the lawyer engaged/ paid by respondent(s) who is well aware about facts and circumstances of the case besides the fact that s/he is an able, competent, intelligent enough and duty bound to satisfy your question(s) / query(ies) ?

Honorable Sir, thank you for your valuable reminder, learned Expert. While I fully respect the capabilities of the well experienced counsel in the forum. He is seeking a second opinion here because he is not satisfied with the feedbacks provided by the counsel becuase he feels that they operate under the local procedural constraints, and he values the collective, cross-jurisdictional wisdom of this elite forum. To help you to evaluate the merits of this case without ambiguity, here are the exact structural facts are mentioned herewith:

• Property Nature: Self-Acquired by his father
• The Dispute: I don’t know how his younger sister claimed the property either by Will or Gift Deed, but the Settlement Deed executed without his brother’s consent. This is confrimed by his mother to him over the phone call.
• Current Status: He want to take the legal advice of the elite advocates in the forum and based on the feedback, and accordingly he will prepare to file the case legally. 

Thank you for your valuable time and coordination.

REQUISTION: Please Kindly Help him with the Possible Options to Get His Rights in a Legal Ways.