My father expired 1999, I myself arranged the marriage of my elder two sisters by giving dowry after selling ancestral property in 2000. I took care of my mother and younger brother. Doing tremendous hardwork I passed civil service and got Government job and now become the father of two daughters. My younger brother is married but do not work, but maintain high quality life. In my life I never took a rupee from my fathers property. My mother now is a cancer patient. She had operation , was in ventilation for 2 months in Max hospital,18 lakhs expenditure paid by CGHS. now ok.my wife took care of her for the last 10 years. Just few days back docors told to keep her at village with my brother. Within a week my brother registered property in his name from mother .now sisters are claiming the share of the property of my father but I have to send medicine for mother. As my brother do not work that is why my mother gave all her properties to brother, Ma said. What I can do as I already have exhausted my own property which were given by my buas i e. father's sisters. Now fathers properties are being shared, no one has given arupee for mothers treatment or helped during her freaquent hospitalisation,
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On father demise your mother , 2 elder sisters , you and your brother have equal share in property
2) your mother could transfer only her one fifth share in property
3) you and your sisters have equal share in property and can file suit for partition for division of property by metes and bounds
4) seek injunction restraining brother from selling the property
In 1993, my father,anyway, recorded some properties including house in the name of my brother and me without any deed . But now sisters are demanding share out of that also. Is there any provision to contest in the court?
1. Well, your sisters and brother have equal rights in the property left your father.
2. SO if their share is not handed over mutually then either of them can claim their share through court by filing a suit for partition.
3. However in the said suit for partition you can seem compensation for the expenses incurred towards your parents and while divining the property the same can be taken into account by the court.
The treatment expenses to your mother cannot be legally claimed back by you.
As her son you did your duty, you cannot question about your brother's hostile attitude towards this, if you did not want to bear the expenses all by yourself you could have asked them to share it or at least support you financially, whereas you remained silent on that.
If the properties belonged to your deceased father, you can claim a share in it as your right and can even file a partition suit against him to get your legitimate share in it.
In 1993, my father,anyway, recorded some properties including house in the name of my brother and me without any deed . But now sisters are demanding share out of that also. Is there any provision to contest in the court?
Legally your sisters are entitled to a share out of your father's properties.
Your father has made a record allocating the properties to you and your brother whereas he did not transfer the same by a registered deed, hence your sisters have a right to claim a share out of it
Father ought to have executed gift deed for transfer of property in your name and brother . Gift deed should have beeen duly stamped and registered
2) if it was not done sisters can claim equal share in said property too
1. What is your query please?
2. Even if you have done all the duties to your mother, it does not bar your sisters from claiming their father's properties. Law is blind here.
3. However, all the children of your mother are bound to maintain her as per law otherwise she can file an application before the Court u/s125 of Cr.P.C.
1. How has your brother recorded the house in your and your brother's name?
2. Did he write any will, even on a plain paper which was witnessed by two persons?
3. If no then all the legal heirs of your late father including your sisters and mother can claim share of your late father's properties.
4. You have no special right on your late father's properties for treating him and/or your mother medically and for taking care of them which is considered as your duty by law of our Country.
Since it is property of your father you and all legal heirs (mother sister brothers ) get equal right in the property so brother cannot alone sell.
Seek injunction against the properties from court so that properties cannot be sold by brother alone.
See if the property is ancestral your sister cannot demand share in the property as 2005 act of hindu succession is not retrospective and the sister donot have any right since father passed out in 1993 and partition opened in 1993.
But if the self earned property or inherited property of father the sister will have equal right and they can file for suit of partition.
1) If mother had transfer property on your brother name. In that case you could not do anything all is her wish better you talk with your mother regarding this.
2) The house property which is transferred by your father now your sisters does not have any rights in it.
1. If the property was the self acquired property of your late dad then his legal heirs ie widow and children will be entitled to the same in equal shares. So your sisters can claim their share in your late father's self acquired property
2. If the property was an ancestral property then since your father passed away in 1999, your sisters do not become coparcenors since your father was not alive in 2005 when equal rights were given to daughters aa coparcenors. So if it's an ancestral property then your sisters don't have any claim or share in such property
3. Your brother cannot register the property in his name without your consent and that of other legal heirs/coparcenors. So such a sale is voidable and you can sue him for that.
Firstly, sisters can’t ask for anything as the property has already somewhere distributed amongst you and brother by way of will.
Secondly, and also they can’t ask for the same as the property you sold was for one of that purpose which has been given sanctity in the eyes of law.
Dear Sir,
Your brother cannot take entire properties. It has to be shared. The law is otherwise and in favor of you. You may file suit for partition.
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Please read the following to what amount to ancestral property etc.,
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Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements
1. You have been informed exactly where do you stand legally so that you can seek other alternatives.
2. There is nothing negative or positive seen about the client. What is assessed is his legal standing against the circumstances narrated by him.
3. It is very easy to please a client by suppressing the fact and escape with evasive answers but that, I feel ,amounts to disservice to my client.
You have to provide the legal share if any as per the law. But you can put forth the actual condition of your mother and deny the same before the appropriate court. You can file Petition under section 125 crpc before the court to get the maintenance from sisters for your mother. You can also exercise senior citizens Act for obtaining the right of your mother from your siblings.
