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U.Shankar (Engineer)     16 September 2013

Partition of father's own earned property & assets

Hello respected,

We are only two sons to our parents and both are married. I being the elder have already 2 kids who are still minor. My father did take only little from his father's property (agricultural) and distributed to his brothers long back ( I was above 18 when the partition was made). Present holdings of my father are completely earned by him. I have been loyal to my parents with all respects and lived together with them as my spouse stayed housewife taking care of them. After my brother's marriage, he with his spouse moved out to settle in USA on his his job assignment. 

Now after my brother's marriage, my mother started to act more dominating and acting more partial towards her daughter in laws. She started to care the one who is far away than the one who has served her. This is leading to unlimited misunderstandings at home. To avoid further unwanted (abusive) happenings, I just moved out in the same premises so that we can still ensure their security. But my mother is not indicating any positive in her thinking and is indirectly blackmailing us regarding property issues. And she is capable of biasing my father, as my father could have been biased by her wrong for a very long time. 

I am afraid there could be disasters in future.

Do I have any grips to get equal share on my parents property when it comes to ?

Thanks in advance,

Shankar

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     16 September 2013

Mr. Shankar,

Did your father leave his property with some will or intestat? If intestat, all three of you (including your mother) has equal share and if your mother disposes your share, you can stop her, seek partition and have your share..

Advocate Ravinder (Advocate/Attorney)     22 September 2013

Is your father alive or dead. After your response, I can answer. 

Raghavan (Consultant)     23 September 2013

Suppose a house plot is bought by a father on one of his sons via HUD funds, and dies intestate, can other sons put a claim on the house plot? same question but buying the plot using Father's own earned income? Thanks in advance for your advice!

Dr J C Vashista (Advocate)     24 September 2013

You have to disclose all relevant facts that you are concealing

Raghavan (Consultant)     24 September 2013

Please let me know what other facts you would like to know so I can provide. For example, my father bought a house plot in the name of my first brother (he was student then) from funds derived from an ancestral property (that is given to him by his father, our grand father) and partly from his own earned income. My first brother built a house on the plot on his name with the help of funds from another father's property (which he took control of rental funds by himself, when my father died intestate. The two younger brothers don't have anything on their names and did object that my first brother not only took control of a revenue generating house and also built a house on the empty plot which is on his name. My father died intestate. Do the younger brothers have a claim on the first brother?

(Guest)
Narrate your case properly.

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