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division of self-acquired property by a senior citizen


04-Aug-2023 (In Property Law)
My father bought an apartment and put it on my mother's name who was a housewife when she was alive and then before she can die, she gave an affidavit returning the apartment to dad. My younger sister who is a lawyer married claiming one fourth share in the property. My dad is 75 years. She says she will file a litigation case to evict him. I am unmarried daughter living with him. can my aged father disinherit her, as it dad's self-acquired property. She has been harassing dad who is a diabetic and high bp. She has never took care of my parents, in fact she harassed them. According to the Supreme Court ruling elderly parents can deny a share to negligent children. Can my dad invoke that section according to the supreme court ruling which was published in the leading newspaper a week ago?
Answers (1)

Answer #1
511 votes
Yes you can every right to fight against your sister as per the Supreme Court Order and more over as your mother gave affidavit in favour of your father, then you can approach the concerned municipal authorities to change the name of mother in favour of your father and then your father has every right to transfer the property according to his will by way of Will or gift deed.
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