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Can a son claim over property if he has already got his share
27-Nov-2023 (In Property Law)
I belong from Hindu Family. My father had 3 properties, 1st he transferred to my wife many years ago and 2nd, he transferred to my brother just few months before his death. Please note, my brother has never performed his duty as a son. Infact, he & his wife had physically abused my parents. My brother's family has never looked after my parents in their ill health and bad times. Now my father is no more, he has his self acquired house, the 3rd property, where my mother lives all alone. Can my brother claim a share in 3rd property?
Your father did a will in his favour or what??Please disclose the documents on basis of which ownership of his share were transferred to him..Therefore if there is entire trail of documentation then he can not claim any share legally.Therefore please define elaborately to have a better idea and get relevant response.Thanks
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Sons and daughters have several rights as a coparcener. For instance, they get a right in ancestral property by birth; right to survivorship: if one coparcener dies the property gets divided among the rest. They are in joint possession and ownership of property and if they want partition, they can claim so by filing a partition suit.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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It is not clear as to whether or not he transferred the properties by Will or sale or gift. If there is no legal transfer or distribution of the properties then all the properties are subjected to partition in equal share including to your mother.
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Adv. S P Srivastava
Delhi | 200+ Answers
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If your father has executed a will the property will devolve as per the will. If not, the property will devolve as per the law of succession. So the surviving class I heirs will have a share in the property i e your mother you and your brother.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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