Legal Issues / Property Dispute

How to Get Share In Father's Property?

How to Get Share In Father's Property?



  2188      14/07/2014

Question - 

Hi Sir, I am from Delhi. I work with a private company. We are three brothers but my parents live separately. My father has got lots of properties including movable and immovable. My problem is that my father don’t want to give any share in property to me or my younger brother. He wants to give all his property whether it is self acquired or paternal to one of my brother alone. What should I do to get my and my brother's share in that property?
- Anand

Expert Advice  

Dear Anand,

As far as self acquired property is concerned, the person who has obtained that property will have the sole power to dispose of the property.

However, in case of parental property in a hindu joint family, there is concept of coparcenary which operate. According to this, each brother including father will have equal share but I would add that if father has treated his self acquired property as part of the joint family property then that property partakes the nature of joint family property and each coparcenar will be equally entitled.

- Ratnesh Shukla 




Adv. Margaret Fernandes

Mrinmoi Chatterjee
New Delhi

Saugata Nath Mitra
New Delhi

Shantibhushan Nirmal

Chandrashekhar Vithal Jadhav


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