What is the right of sons share in fathers property
23-Dec-2023 (In Property Law)
My FIL has 3 sons and he intends to give all the property to only one son due to power of influence.Can I check whether is there a legal way to send gazette to request for equal share for all the sons.
My views are appended below, please.
If the property is his self-acquired, he has the absolute right to transfer it as per his wish. In case of ancestral property, he cannot do it as per his will and wish. In such case, the share-holders of the property can send a legal notice to him to partition the property.
If the property is his self-acquired, he has the absolute right to transfer it as per his wish. In case of ancestral property, he cannot do it as per his will and wish. In such case, the share-holders of the property can send a legal notice to him to partition the property.
Well.
There are two things we have to consider.
whether the properties are self earned or ancestral.
If the properties are self earned ,then he has full right to settle it to anyone.
If it is ancestral, you can claim it through the civil court.
There are two things we have to consider.
whether the properties are self earned or ancestral.
If the properties are self earned ,then he has full right to settle it to anyone.
If it is ancestral, you can claim it through the civil court.
You have not mentioned that if the property is your father in law's own property or got a share of the ancestral property.
If the property belonged absolutely to your father in law alone then he has full rights to transfer the entire property or part of it to anyone of his choice and desire.
Neither your husband nor his other brother can legally claim rights in the property in any manner.
Instead of adopting legal measures, you may rope in some elders to convince your father in law to allot some property to your husband also so that the harmony of the family and the relationship would be in tact.
If the property belonged absolutely to your father in law alone then he has full rights to transfer the entire property or part of it to anyone of his choice and desire.
Neither your husband nor his other brother can legally claim rights in the property in any manner.
Instead of adopting legal measures, you may rope in some elders to convince your father in law to allot some property to your husband also so that the harmony of the family and the relationship would be in tact.
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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