Son who takes care of business and family has sole right on property

542 votes

All the properties of the father in absence of any Will or legal conveyance in favour of one son and in exclusion to others are to be succeeded in accordance with law of succession by all legal heirs.

Advocate S P Srivastava LawRato

895 votes

Hello,
For the query you posted, I would advice the following:
To determine the right over the property, the first thing which will be needed is to know the nature of the property.
whether the property is ancestral or self aquired. But again, if it is your father's property, there stands no right in his favour until expressly given to him by your father.

I hope this answers your query.

Best
M. Faris
Advocate

Advocate Mohd Faris LawRato

518 votes

Hi, As of you mentioned in your query that there is a shop business which is carried on by your father and one of your brother, who is also taking care and also taking care of their all expenses and other things, in your query question arises that either other can get the share or right in that business, in my opinion the other can claim but if you go to Court i don't thing you will get the relief because here the question is who is fulfilling his responsibility towards the parents and issue will arise and go in favor of your brother who has been doing it for 20 yrs. So here i won't suggest you to claim your share after all such situation n bear the court expenses for nothing. For better assistance feel free to contact me.

Advocate Rohit Kumar LawRato

984 votes

The answer to this question will depend on a number of facts. If the firm was created by father out of his own income, then he can transfer the entire business to the middle one and there is no legal right of other brothers. However, if the family is joint and it is the family business, then other brothers irrespective of whether they have worked in the business or not will have a right in the property of the shop. The fact whether a family is joint or not and the income is ancestral or personal depends on a number of factors. Thus, based on the facts, if it can be shown that the income is personal and shop is not ancestral. The other problem relates to whether your father can transfer his share if he is in unsound mind. A person with unsound mind cannot transfer his share. If he does not transfer his share, then after his death, the property will be equally divided into all his heirs. For a more precise answer, the detailed facts are required.

Advocate Tahir Ashraf Siddiqui LawRato