• Family property share

My father is a self made man. He has lost his father at age of 7 and started working from then. Now he is in very good stage running a forging industry with 40 workers. I am been part of it officially from 2009 with a partnership deed under my father, my mother and my name with 50:25:25. I obeyed my father from my childhood for whatever he orders and accept whatever he bought me (he buys only best for me but he never asks or satisfies my wish/desire). I was married in 2011 and now have a 4 yr old boy. Right from beginning my father had issues with my wife asking her to obey his orders such as waking up at 6 am and doing all house works, wearing only sari in home, should not go out of house for nearby shop, etc. There will be lots of quarels and i was a scapegoat for them. If i said anything fair which is against him, he will say that i am being a puppet of my wife. In 2015 my mother expired due to cancer. My mother was very calm and reseved type and obeys him blindly. She dedicated her life for him and us. Now after my sisters wedding last month, my father stopped eating in home. and after a week he asked me to stya in upstairs with separate kitchen because he wanted somebody to take care of him. Upon further talking I came to know that he is interested in remarriage. I know my father weel that he will never be interested in other women apart from my mom, but his surrounding members(few of his known illiterate friends/brother), forced him to remarry. Now i cannot stay in same area seeing some other person in my mothers place and so decided to stay in a flat owned by my father under mothers name. Eventhough he says he will bring a new person only after signing a deed that she will get an asset worth Rs. 20 Lac and nothing more than that can be claimed by her but will be shared by me and my sister, i cant rely on that completely. He asks me to look after business as usual and will give me monthly expenses. He doesnt have any ancestral property. I wanted to know whether she can claim anything further from what was been allotted to her and whether i can claim any assurity of an asset for my sons future.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

1) on father demise intestate your step mother , you and your siblings would be legal heirs

2) all elgal heirs would have equal share in proeprty

3) neither you nor your son have any claim on father property during his lifetime

4) even after father demise your son would have no share in grand father self acqwuired property

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Dear..

your issue is on different way..its better that go through more details..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

First of all you should know one thing that the new person in your mother's place is yet to arrive.

The proposal of your father may or may not take a proper shape especially with regard to giving Rs. 20 lakhs to your would be step mother.

It would be too early to decide about giving her a share in the property or in kind to her sooner she steps into your house.

Any claim towards the property of your father dring his lifetime would be illegal by anyone whether it is you or your sister or your would be step mother, because nobody has a right even for a share in his property during his lifetime.

There is no question of your son getting a share i your father's property especially when you yourself is not having a right over it.

Your father may transfer the property in your name or to your sister's name or to your would be stepmother during his lifetime or even to a trust ignoring all of you, nobody can question his authority over it.

This is the legal position.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. Your father is a widower, so he is free to remarry. After his remarriage his wife will become his legal heir. If your father dies intestate then his properties will devolve through succession on his widow and children.

2. During the lifetime of your father he is at liberty to dispose his properties in the manner he desires. None of his legal heirs can lay a claim to any of his self acquired or separate properties.

3. If the house is registered in your mother's favour then the title of it vested in her, which has devolved on her widower and children after her demise.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Wife has no share of proeprty of husband though she has right of maintenance .

2. S husband at the time of his death can give a Will and determine what he will give to his wife and children and the beneficiary of the Will can not claim more than what has been mentioned in the Will.

3. However if your father suddenly dies without any Will then all his proeprty would be divided equally among your stepmother and yourselves.

4. So your father can do whatever he wants with regard to his self acquired property and you could nothing.

5.However since you mother has died reconstitute the firm so your sahre in the partnership of your mother is to be given to you.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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