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RAVINDRA NATHA R J (MANAGER-MATERIALS SSD)     23 August 2011

Succession of property from father's self earned property

Vijayalakshim is only daughter to her parents.  She got married in the year 1993. She is aged about  40 years. Her husband is aged 50 years unemployed & he is heart patient.   He is not having any regular income .  She has 2 grown up daughters aged 17 & 15 years. 
 
She has 4 brothers.  All are married and settled separately and they are not staying with  parents.  Out of 4 brothers, her 2nd brother expired leaving his wife & only daughter and they are staying separately.
 
Her father was having business and earned good property and he is having one house 3 - 4 house sitesas immovable property  in his name and he is also having gold & jewellery.  Now her parents are alive they are sick and staying separately.  They are aged 75 years & 65 years. 
 
She wants to claim share in her father's self earned property. Her father doesn't want to give any share to her nor to her husband or children. He says that he has   given from his side in the form of gold and jewellary and spent money during marriage and now she has has no right to claim for share in his self earned property. She is  not comfortable financially & that is why she needs a share from her father's self earned property.
 
Is she having any right to claim  share her father's property & if so  what is her share ? What is her leagal right ?
 
Kindly advise.
 
With best regards
R.J.Ravindranatha


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 6 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     23 August 2011

in the life time of her parents, she can not claim any share inher her father's property.

raj kumar ji (LAW STUDENT )     23 August 2011

when the father & mother is alive no one can claim for there share because the property is self equired by him .

kumar t v s (advocate)     23 August 2011

Smt Vijaylakshmi cannot claim any share in the self acquired property of her father. In fact her father can dispose off the property to third parties during his life time and can also "will" his entire property to any person/institution he chooses. If her father dies intestate than under Hindu Succession Act she will get an equal share along with her other legal heirs.

raj kumar ji (LAW STUDENT )     24 August 2011

YES HE DISPOSE HIS PROPERTY AS HE WANT NO ONE CAN STOP TO HIM .IF HE DIED WITHOUT WILL THE PROPERTY IS DIVIDED TO HIS DAUGHTER AND WIFE ONLY .

Yuva (employee)     11 September 2012

Respected learned lawyers It gave me lil bit of relief on my metal agony after seeing your website, where I can put out my pains which I am going through and get some help. My father started industry in the year 1984 when I was 12 year old. 1. My age is around 40 years, leading my life with my wife and 2 kids ( girl- 3 years, boy -1 year). 2. I don’t have my mother (she was dead when I was 2 months old, rumors says that my father killed her, the reason not know yet), my mother was working in HMT watch Factory, Bangalore. She was dead somewhere in the year 1972/August, and I have collected the Notice, sent by HMT watch Factory calling my mother to attend the duty, through RTI. 3. My father married again, but this time, the second wife was also deceased after some years without Any issues. 4. My father married again for the third time, with in the family bound relation, now my step mother has 2 kids ( 1st younger brother – non –skilled worker, 2nd younger brother as completed LLB) 5. I being educated and became an engineer after completing my engineering my father called me to work with his industry (self made industry) as a son I accepted his command and joined his industry and worked for 15 years without salary or any other perks( except I was among the family members, Eating sleeping and living in the house). 6. I got married in the year 2008 (arrange marriage no dowry), the troubled started after my marriage, my parents seems to be expecting something from my wife and their family. 7. My step mom started to harass my wife even she was pregnant (2months) this made me feel uneasy and one fine day my father called my wife and told her to go out of the house, this made me take a decision to leave the house (this house is in my name, purchased from my friend) to my parents to live. 8. after that they dint give me any money for monthly compensation for me to stand upon my own feet, hence I had to do some meager job for our living. 9. I had 2 kids by(Dec 2009 & Sep 2010) 10. Then again my father started to harass me in the industry and made me to quit on feb/2011. Before they made me quit I had made the industry to progress in folds and clinched big projects from the govt of india. 11. Now I am left with nothing, when I ask my father to give me compensation for working 15 years in the industry , he say you do not have anything to prove that you have worked with his industry( even though I had made so many letter correspondence, meeting with various govt organization past 15 years) 12. now I want to know what is my rights to claim the property of self-earned properties of my father, In what way can I get the compensation in terms of money or land. Please help me, guide me and suggest me my e-mail: yuva.sun@gmail.com

Yuva (employee)     11 September 2012

i am attaching the file this time, because what everi cut and pasted is not in a good order,please see the attachemnt and please help me


Attached File : 745886479 respected learned lawyers.docx downloaded: 161 times

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