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Share in self acquired property

Sir, I am an unemployed hindu married man. My Father is a Retired Govt Servant. He retired as a very senior Central Govt. Officer. I was not willing to get marry as I didn't have the confidence to maintain a married life/family. However, as my father assured me of all sort of financial help (no documentary though), I agreed to get marry way back in 1995. Now I have a 16 yrs old Son & a 12 years old daughter. On the other hand I am not pulling on well with my wife & she stays separately(not divorced). There has been petty family quarrels very on & off. Now My fathers no more takes care of my financial problems and it also appears that he is bent upon not to give me any share (he has two big houses but self acquired). We are two brothers & three sisters. Pls advise how can I be able to get a share.


 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 August 2012

If it is the self acquired property of your father, neither you nor your children can claim any share in it during his lifetime. He can very well oust you from inheritance if he desires by making a will or disposing off the property during his lifetime.  A father is not bound to provide financial assistance to a married grown up son and his family. It is solely the descretion of your father whether to give you any share or not.

Bharatkumar (ADVOCATE )     13 August 2012

If it is your father self acquired property then no right of u and your family members in this property.

Naveen Kumar (service)     13 August 2012

Since it is your fathers self acquired property you cant ask share.  But if your father died intestate [without writing will] so than your children's can claim.  Than, y do you expect financial assistence from your father since you know that you are not willing to maintain your family.    It's better you findout any new job or concentrate on your works you will earn money.   Always remeber Work is Worship. 

K.K.Ganguly (Advocate)     13 August 2012

You shall not be able to get any share on your father's self acquired property if he does not want to give you. If he dies intestate, you can have your share.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     13 August 2012

righty anwsered 

SACHIN AGARWAL (ADVOCATE)     13 August 2012

Since the proeprty is self acquired property of your father, you and your children can not claim any share in it during his lifetime. He can execute a will of his property during his life time and may oust you from inheritance. Besides this, he is not bound under the law to provide financial assistance to you and your family. It is his sole descretion and it cannot be challanged in Court.

Dr J C Vashista (Advocate)     14 August 2012

correctly advised

JANAK RAJ VATSA (ADVOCATE)     15 August 2012

as rightly advised by the ld advocates . if the experts were to ask you as to how are you proving your contribution to the family's financial health, wonder what would be your answer


Dear Sanjeeb, Let me keep aside the fact that your father retired in a senior capacity in central government.You got married in the year 1995,then you must have been between 25 and 30 years old.Till marriage you were your father's dependent,and even after that your entire family were relying on his mercy to feed.Now you must be 50 plus,with grown up children.Instead of earning a livelihood for your family on your own,you are demanding a share in your father's hard earned and self acquired property.I fear I do not have words at my disposal to advice you further.

Naveen Kumar (service)     18 August 2012

Sainath Sir absolutely Right


Whatever may be the reasons for initial dependency,the querist has not sought a life for himself on his own.

K S Narayana Rao (District Registrar)     27 August 2012

You can get it by way of will deed or by geft settlement by your father. My dear ?er if your father is willing to transfer he can provied right in the property. If he does not wish to provied  he can.

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