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KirtiM (retired)     26 January 2025

My siblings forced my parents to give property to them not me, what can i do?

My sister and brother have been forcing my perants to hand over everything they have in india and USA. My brother is collecting all the retirement income in USA and have taken over my fathers property. Some how they have convinced my perants to do that and rejacting my shere everywhere. Is there anything I can do legally to get my rightful share claim. My sister is very rich and control freek and controlling all family members but my family. She converted farm land of my perants to plots and want to sell it in India and not give me any share.



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

If your parents are alive and the properties are there self acquired property then neither you nor any of your siblings have any rights over their properties.

If your parents are going ahead with giving away their properties to your siblings alone, legally you cannot prevent them from doing so.

P. Venu (Advocate)     26 January 2025

Yes, your parents have the absolute discretion to deal with or dispose their property. Your rights, as the legal heir, is those properties left interstate after their lifetime.

KirtiM (retired)     26 January 2025

What if my siblings are controlling my perants and pressuring or forcing?

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

Your parents are not children or insane. 

They can very well take a decision either to oblige the desires of their children or to reject them and distribute their property as per their choice. 

If they are under pressure or threat they can approach police or senior citizens tribunal for protection. 

You cannot put pressure on your parents or restrain your siblings in this regard. 

kavksatyanarayana (subregistrar/supdt.(retired))     26 January 2025

How did your brother take the retirement amount and property from your father either by way of a gift deed or else? Does your mother have property and how?

Dr. J C Vashista (Advocate )     28 January 2025

Retirement benefits are meant only and only for use / disposal of the pensioner employee, where you do not have any claim.

Similarly self-acquired property of your father/mother /parents can be disposed by him/her /them (as the case may be), where you cannot claim or compel him/her/them. 

Presumably your behaviour with your father/ mother/ parents is not appreciated by them, which you are required to introspect and find solution.

KirtiM (retired)     29 January 2025

Thank you for your advice and help in this regard. I do appriciate your time.

kavksatyanarayana (subregistrar/supdt.(retired))     29 January 2025

You are welcome.

KirtiM (retired)     29 January 2025

Retirement benefits are meant only and only for use / disposal of the pensioner employee, where you do not have any claim. - I don't want to claim his retirement money but my younger brother is collacting behalf of my father & mother (both are alive) for long time. I never objected or wanted any of it anyway.

Similarly self-acquired property of your father/mother /parents can be disposed by him/her /them (as the case may be), where you cannot claim or compel him/her/them. - I know that as well and matter of fact i bought my grandfather a home which my mother (inharited from her father) want to give it to my younger brother. I know that's wrong and not fare. Equality of parents is no longer due to brainwashing by my sister (control freek & rich) and brother who is always after money. My father is living himself in India and he is so sick and weak and no one is providing good food or services he needs but they want the money. I am helping him recentely during my visit to India from USA. We are all US Citizens.

Presumably your behaviour with your father/ mother/ parents is not appreciated by them, which you are required to introspect and find solution. - My family have teamed up against me due to my nature of fareness and blunt on truth with my own family. My family have issues and with the attitude of "they are always right" or they don't need anyone so they don't care. So you agree with them or you are bad. Because I feel bad & taking care of my father, my sister/mother & brother said I have changed now but they don't understand that I have been a same person all along. I am mercing my father as son and as human being. my mother who left my father and went back to USA saying "I don't want to suffer with him and my brother doesn't come to India to help him but wants all the money from parents. Law doesn't understand this and I would say all of their money should be donated to poor people or for inocent animals.

Dr. J C Vashista (Advocate )     30 January 2025

You may appreciate that this is not a legal dispute for consideration and obligation of experts on this platform.


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