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priya (s/e Eng)     03 July 2013

Husband property distribution to wife and children

Hi All, we are a family of 6 members, 3 sisters and 1 bother. All 3 sisters was love marriage .Brother is yet to be married. The relations are normal .

My father is MONEY minded person. He did work hard and acquired good amount of property as lands and house .No one knows his earnings till date .

My father beats/physically harms my mother lot . My mother wants to STAY  with my brother once married .

Father Age : 60 yrs . My father wants to have other relations once my bother marriage is completed . He always says he will not share any property to any of us including his wife.  Basically he is not happy with us and he wants to enjoy his life :)

The concern is, we sibblings are not interested in his porperty , but we dont want his hard earned money to go in wrong hands. 

Once my brother is married we want to my to make him clear that my mother and  kids do have a share in his property ..

 We are not sure wat is written in the will.- to family members/ Outsiders 

1) Can my father write the property to anyone outside

2) can my mother lodge a complain for her share. 

3) Can we sibblings alos get a share/ or lodge a complain. 


Please help me with your suggestions


 4 Replies

Adv k . mahesh (advocate)     03 July 2013

if you father want to write the property on my name also he has that right being the property is his self acquired property and your mother and you 3 sisters alongwith your brother has share if he has not written any will 

for this what all the properties are there you have to first enquire and take a local lawyer advice 

Adv Archana Deshmukh (Practicing Advocate)     03 July 2013

Neither your mother nor any of the children have any right or share in the property of your father during his lifetime. He can very well write a Will in favor of any outsider and you cannot do anything in that. However, if he neglects to maintain your mother then, she can claim maintainance from him in the court, but not any share in his property.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     03 July 2013


Archanaji is right

prakharved (Medical officer)     04 July 2013



Since, the property is self acquired by your father, he has the right to do anythinghe wants to it, including writing it in the name of anyone he desires. The only way you may be entitled to a share of his property is if he dies without a will. Your mother can claim maintenance from your father or even file a case against him for domestic violence (as per the situation you have mentioned)



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