I am one of 2 siblings (Hindu) and my elder brother is 11 years elder to me, I have been treated unequally. My father has given money and properties to my elder brother and I have received nothing till date. What are my options? My father is not willing to admit anything., but I have proof in the form of an email. The first bulk amount was given to him when he was 34 to buy the 1st property which he sold for 4x profit and never returned any amount to my father, and now he is 45 and another property has been offered in his name this year. Even if my father decides to give me something he is not willing to take inflation into account. It is completely unfair as this info of the recent 2nd property given to my brother came to my knowledge by chance, where i saw an mail being sent by my father to my elder brother. I have always been kept in dark for a lot of family information which itself is so unfair. I really don't know what else has been given to him and his family (wife & kid) as i have never been kept informed in the dark. I have received nothing from their end till date and never demanded anything either. I am currently 35 years old and this injustice & partiality towards one son is affecting my marriage in a huge way. What are my options? my father is not willing to admit it or even work things out.
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It is your father self acquired property and he is at liberty to dispose it of as he pleases
2) you cannot legally claim any share in property during father lifetime
3) only on your father demise intestate would you have equal share in property standing in father name
Sir if the nature of properties and income is self acquired by your father nothing can be done as its your fathers self earned property and he can dispose according to his will. There is no burden on father to distribute self acquired property equally also a major son has no right to seek anything from father or mother.
You have right on demise of father intestate without any will then you can claim equal share of land property everything but in his life he can transfer to whom he wants. This is no injustice in eyes of law his property his right.
But if the property nature is ancestral than he cannot give away without consent you have equal right over the property and cannot be inadequately distributed.
So best way is to settle amicable in family and make your wife understand that is how things work and if your father please he can give you any of his self acquired property but there is no right to claim.
Dear Sir,
It appears to be self acquired property of your father. Just file a suit for petition saying that the properties were puchased by amounts amounts and jewellery left by your ancestors. More on contact.
Sir unfortunately there is nothing which you can do legally during the lifetime of your dad.
Your dad being the owner can do whatever he deems fit with his property.
1. This is really unfortunate to hear that you have been meted out with step brotherly conduct from your own parents.
2. Life is hard and sometimes we have to learn this lesson from them who we consider our own.
3. That was on a personal note. Now from legal stand point if the money or properties gifted to your brother is self acquired assets of your father then you do not have any legal say in this matter.
3. In other words your father can dispose of his self earned properties in any manner he wishes and none of his legal heirs which include you can raise any objection.
4. So my advice is to behave properly with them so seeing your gentle conduct their heart melts and they also shower with money and properties which they are doing to their other son.
Good luck.
Dear Client,
To your dismay, Father is free to give his self acquired property/monies to any of his choice, no legal bar.
No legal options available. All can be done " Maska lagao aur butter khao".
first you have to tell whether the property owned by your father is ancestral property or not ?
Not sure in what way you are aggrieved !
Your father voluntarily does help to your eldest brother which no one on earth can stop.
If he is doing out of his own earnings, how someone can restrain him in doing so?
If your grievance is related to any property, then we can discuss in detail going through the nature of the property and the circumstances in which it has been transferred.
If father is giving your brother from his self acquired property you can't stop him legally. Only if he has given from ancestral Property then you are liable for the Share
1) If the property belongs to ancestral inherited by your father than you can ask your share as you have full right.
2) If the property is self owned by your father than he has full rights to whom he can given his property.
Your father is not obliged to give anything to you and it is his own will and wish to give anything to your elder brother but nothing to you.
He dont have to keep you informed about all his activities, it is his own privacy.
You do not have any rights over his property or money.
You cannot grumble that he has not apportioned any property to you nor did he give any financial assistance to you.
He need not give anything to you since you are an adult and no more dependent on him.
After 18 years of age, you are no more dependant on him, legally.
Therefore you have no options to claim any share from his property during his lifetime as a lawful right.
Hello,
If the father is distributing his self acquired property then nothing much can be done by you against the same.
If the same happens to be an ancestral property then you can file a suit for partition.
Regards
It is entirely at the absolute discretion of your father to share his assets with his sons. You cannot legally question his decision.
This is my advise to you:
1. You should approach your father and ask him this question;
2. Make sure you record yours and his conversation;
3. If you want send him a personal letter stating your concerns;
4. If he does not satisfy your queries, you can issue a legal notice to your father and elder brother saying unfair property division has happened;
5. You can then file a suit for partition of your father's property.
