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narinder pal kaur (PRO)     08 June 2010

parents rights over their property

if a parent doesnot want to give any of his hiers any share in property(ancestral+self aqcuired) then which law provides him the right to disinherit his heirs .

My uncle is living alone his only daughter is married and both of them has strained relations. now he is not willing to give her any share from his property on the other side she has filed a civil suit against him to get share.

does the senior citizens and parents welware come to his rescue here.

anyother way out which can be adopted to stop her from taking her share forcibly from her father.

my uncle is a sick man and has been living alone for about 33 yrs

expert lawers are requested to guide on the issue



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 8 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     08 June 2010

rearding to ancestral property legal heirs has right over the property no law will stop to take their share

regarding to self acquire property  your uncle can do so as he likes

already the suit is pending brfore court of all

your uncle's lawyer will do better but egarding to ancestral propety he daughter has right over the property

raj kumar ji (LAW STUDENT )     08 June 2010

hello kaur sir ,

regarding to the ancestral property there are a legal right or legal share of all the legal heirs if the owner of the property not make a any will .

u can not stop to any one to take there share in the ancestral property .

in other hand if the property is self aquired by himself u have full right to dispose ur property as u wish no one can stop u ?????????????

i hope ur problems will be solved

regard-raj kumar

narinder pal kaur (PRO)     08 June 2010

this means whether you take care of ur parents or not you ll get your share.....

in this case what is the use of senior citizens act  and parents welfare act.....

raj kumar ji (LAW STUDENT )     08 June 2010

FIRST OF ALL U CLEAR THAT UR UNCLE PROPERTY IS SELF AQUIRED OR NOT ?

Waseem (Junior advocate)     09 June 2010

hi,

as the learned friends have said ur uncle can disinherit his daughter from his self acquired property and ur uncle ha s full right for that. but with regards to ancestral property like ur uncle being the class 1 heir of the ancestral property his daughter is also class2 heir of the property so ur uncle cannot disinherit her.

But wht is worth noticing is that ur uncle being senipr citizen and father can claim maintenance from his daughter under sec 125 Cr.PC. this provide the rights to parents to claim maintenace from daughter as u can claim from ur sons.,

dr mrs vijaya manohar arbat vs. kashiraorajaram sawai and anr(AIT1987 SC 1100) is a supreme court judgement

and M.areefa beevi vs.Dr  k.m.sahib(1983CriLJ 412) kerala high court judgement.

 

so the best option for ir uncle4 is to let her daighter take away her share from the ancestral property as it is her share and even the court will grant it. so no point of fighting it.

but ur uncle can claim the right to maintenance u/s 125 Cr.pc whcih is also provided by supremem court.

hope my suggestion is worth for u .

thanx

1 Like

Waseem (Junior advocate)     09 June 2010

again the application under sec4(1) "maintenance and welfare of parents and senior citizens act"has clearly specified that the parents and senior citizens can claim maintenance from the legal heirs of their property. and the application ofr such is to filed at the place where ur daughter is residing

narinder pal kaur (PRO)     10 June 2010

thanks all... but let me clear some confusion....

my uncle has sold his ancestral property through sale deed...

now what is my uncles status and similarly what shall be the status of the person who has bought that land

my uncle still holds some property in his name(and this one is self aquired property)

Waseem (Junior advocate)     10 June 2010

hi, as i have told u. as regards to ur uncle's property he has full rigth on it .so need to worry about it.and regarding ur ancestral property u can even though ur uncle may have sold it his daughter has anequal right over it.so as i have suggested u earlier there no harmin giving away her share but u can claim maintenance u/s 125 Cr.pc n u may get it for sure. best luck 


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