shyma (Team Lead) 10 August 2012

Property partition issue

Hello Sir, I really impressed to see this website for legal issues.I need your advice on property/family problem.

My father had purchased few property.It is not ancestral.We are 3 brothers and 1 married sister in 2003.Now i am unmarried eldest son and couldnot maintain good relations with family members despite my several good effort.Due to everyday fight i forced to leave the house from 2005.Now i hear my father is excluding me in his property share even though i am eldest.

1. Do i have rights on father's property even though i am not staying with them from 2005?

2. Can i file a legal notice to my father to do property partition now itself?

3. Can i claim my shares in father's property if my father had already given to other brothers & sister ?

4. Can my father able to execute a WILL (excluding me in property) to handover others ?

Please answer above asap.I am in great tensions.

Reply Follow

8 Replies

shyma (Team Lead) 10 August 2012

I am in search of good lawyers from Jharkhand.Please conact me if you have legal service there.

Adv Archana Deshmukh (Practicing Advocate) 10 August 2012

As the properties are the self-acquired properties of your father........

1. No.

2. No, as you have no share in the property during the lifetime of your father.

3. No.

4. Yes.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 August 2012

If the properties are self acquired - with no help from ancestral funds - you cannot claim anything, he can oust you via a gift or even a will. However if you can somehow prove that ancestral funds were used to purchase the property - then in that case you may suceed in getting the property impressed with teh character of ancestral property and ask for your equal share

shyma (Team Lead) 10 August 2012

But one of friend saying that my father cannot make a WILL or file partition partition without a legal notification to me.

Is this true ?

Adv Archana Deshmukh (Practicing Advocate) 10 August 2012

No true in case of self-acquired property of the father.

surjit singh (Assistant) 10 August 2012

Search or Make any link about your ancestral property if any which was sold by your father or out of it rent etc. the said self acquired was purchased. Kindly note that if your father is going exclude you from the said property even if it is a self acquired property the reasons for excluding you(i.e. only one son) should be a reasoned and valid legally.

shyma (Team Lead) 10 August 2012

I will check out those.The reason for excluding me is that other 2 sons & 1 daugheter are not earning like me.Whatever possible from my end i tried to help them but other understand its theirs rights as they are youngers.They all are jealous of my money.In every stage i have done my resposibilites and now also even if i left my house since last 5-6 years.For Few of those property, i have paid partial money.

At what condition legally a father can exclude one son in property share . please response.

Madhu (IT professional) 10 August 2012

Me and my mother are pursuing a WILL case from a lawyer from Orissa & mumbai, they told me that all my parent self aquired property cannot be given to me alone even if my parent wanted to do so in my name.For WILL should be such that it should be equally divided among direct heirs.

Is it so in case of women ? Legal rule should be uniform in all states? What is exact law?