• Right of son in father and grandfathers property

I am only son of my father and i worked with my father last 25 years in family business. I have no name in legal, document in any property eg. House, land and company etc. Now my parents want to sell all property without my knowedge and saprate1/3-1/3  it between me and my 2 sisters. I did very hard work for growth of business  then why i should share eqully with my sisters.please guide me how can get my right ,what should i do .
Is any rights of my wife and my daughter  as daughter-in-law, and granddaughter.
2_if we ready to take 1/3 in which way or rule  we can secure so that no body  claim in future .is my father take back this property.
Asked 1 year ago in Property Law from nasik, Maharashtra
Religion: Hindu
1) it is your father self acquired property 

2) your parents are being fair and distributing sale proceeds in property equally among your sisters and you 

3)you cannot get legally more than 1/3rd share in property . in fact if your father wishes he may refuse to give you any share 

4) your wife and daughter have no share in your father property 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Hi, when the property is earned in the joint family business then it will become the joint family property as per law sisters also co-parcener n the property  so sister also entitled to share in the property.

2. If the property is the joint family property you can't claim independent right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You have not stated that how did your father acquire the property, whether self acquired or inherited through his father, and if inherited whether it was by a partition or just like that and also whether the property originally belonged to his grandfather?
However, assuming the property to be your father's self acquired property, he has full rights to disposed it in any manner and to anyone of his choice.  Mere working with him for such long years will not entitle you to claim the entire property or major share.  You should be happy that he is ready to partition and allot 1/3 share to you.  
Your wife or children also do not have any rights to claim any share in the property. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. If the property is owned by your parents you have no share therein during their lifetime. 

2. Your parents are at liberty to sell or dispose their property to anyone they desire by making a will, gift or sale deed.

3. The amount of money you invested in the business can be recovered by you by filing a lawsuit for recovery in the court. Before doing so you may obtain a stay order against the sale so that third party rights are not created. 
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
1.  The property belongs to your father and he is absolute owner of the said property,

2. You worked hard in your father's business and ran your family from the money your earned from the said business,

3. Your father has every right to do whatever he feels like doing with his said properties without taking consent from anybody including you,

4. You have no legal right on the said properties,

5. Neither your wife or daughter has any right thereupon,

6. If your father sells all his property and gives i/3rd share of it by transferring the money to your account then how can some one else claim share on the said amount? You can take an affidavit from him toeards the said gift/settlement of sale proceed,

7. If he sells out the property then how can he take back? If he does not sell the property and makes a will in favour of all three of you, then he can also change the will and deprive you completely from his property.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
A. How your father acquired the property? which means Self acquired or Ancestral Property.

B. Your father being an owner of the all the property that he can alienate or dispose the same as their own wish. In case if your father living in the Joint family property along with his brother, sister and karth then only your claim could have consider.

C. Your daughter or son also cannot claim the property right over your father property because of his self acquired property.

D. However, in case your father enjoying the ancestral property then only you can claim the same later, it can be disposed as you wish.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0