Can i take legal action if fathers property not distributed equally
05-Nov-2023 (In Property Law)
My Father has proposed to distribute his SELF ACQUIRED property between ME(married daughter) and My Brother. He has proposed 45% share to ME(married daughter) and 55% to my brother. When I expressed my displeasure about "inequality & discrimination" exhibited by my Father in distributing his SELF ACQUIRED property, he is saying - if you want you take or else you leave. I have been requesting him to divide his SELF ACQUIRED property equally between ME(married daughter) and My Brother. But he is not willing to do so. Since there is "inequality & discrimination" exhibited by my Father (still alive) while distributing his SELF ACQUIRED property, are there any Legal Remedies for me?
rom query it seems property is purchased by father ,but you didnot disclose the income source from which the said property is purhcased. as it can be seen that father has purchased the property is name of only sons inthat case the mother and sisters cannot seek partition of the same , if they intend to do so they have to file suit for parition and prove that property though purchased in sons name it for benefit of all. Further father has not made will so property will be divided into only sons to their respective shares as per sale deed , but if sale deed doesnot specify same in that case sons can seek partition deed by mutual understanding or file suit for partition of their shares respectivesly.
If the Property is a Self Acquired property then your father has the absolute right to do whatever he deems fit. Share in the property cannot be sought as a matter of right in the property since it is self acquired.
However, if you are able to prove successfully that the property is not a self acquired property then you have an equal right in the property.
There is no way in which the "inequality & discrimination" can be dealt with in a self acquired property.
However, if you are able to prove successfully that the property is not a self acquired property then you have an equal right in the property.
There is no way in which the "inequality & discrimination" can be dealt with in a self acquired property.
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