• Property and retainment money

Sir my name is ravichandra, before 22 year back my mother ex paired, then my father 2 married, first wife we have 3 children's 2 daughters and me one son, 2 wife also one son is there, my father working in government office, still there in service, next 4 year complet they service , but first wife children we 3 peoples asking retairment amount in my father but he told i am not given for you peoples, i will give only second wife son, and one house also is there my father own property, that one also his not given first wife children's, now what we can do? So pls help me, any grammar mistake pls sorry
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

It is father self acquired property 

 

he can bequeath it to whom so ever he pleases 

 

you have no share in father retirement funds 

Ajay Sethi
Advocate, Mumbai
100030 Answers
8165 Consultations

Non child have any claim and say in the assets of father in his life time.

He can give his property, money to any child.


Only after his intestate death, you 3 will have eqaul inheritence right.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You all legal heirs can't ask share in father's self owned property when he is still alive. But after his deceased and he had not made nay WILL then you can ask 50% share of your mother according to law and pension amount if nominee is not mentioned by your father.

 

You can ask your share in ancestral property as of now, its your birth right. but not in the self earned property of father's.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can apply for partition suit in the court for your share, All will have equal share in the ancestral property, second wife will not get share in the ancestral property. only children and father will get. father + 3 +1 = 5 shares will be made in ancestral property. you three sibling will get 1/5th share each. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you have no share in grand father property 

 

2) on his demise intestate your father and his siblings  inherited the property 

3) your father can dispose of the property as he pleases during his lifetime or bequeath it by will 

Ajay Sethi
Advocate, Mumbai
100030 Answers
8165 Consultations

If child born you to or any sibling than property have acquired ancestral status. In that all children including grand children have right. Can file partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Ancestral property will be divided equally among all children of both wives. 

His self earned property will be divided as per his wish

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

-  If the said property is purchased by your father with his own fund , then you have no share in the property during his life time , and he is free to transfer it to them.

- But , if the property is came in his hand from your grandfather etc, then you having right over the property. 

- Your mother can being the first wife is having her right over the pension amount. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

In the self acquired property of your father, until he gives it, you cannot ask him. 

If he dies intestate i.e.,  without distributing his properties, then the property will be divided into two halves and one half will be given to his first wife and second half to his second wive.  You can take property equally among three of you.

If you have any property which is not earned by your father i.e., from your grand parents, you will have right in it.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Refer to above reply.  It will be divided into two halves and one half given to your mother and her share will come to three of you, and you will share equally.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. While Father being alive, non of his ANY legal heirs have any EQUAL claim or right in his or his Father's properties, in any manner, whatsoever.

2. While being alive Father is entitled to Sell /Gift /Transfer /Donate /Mortgage /Whatever .... ALL his properties without any legal reference to his any legal heirs, PROVIDED he is in proper mental faculty /condition.

3. IF Grand Father property can be proved as "ancestral property", THEN  "ALL" his children shall have EQUAL right in ancestral property, without any exceptions.

4. To claim Father's property, you may prefer to file a local Civil Court suit to claim your share in his properties, subject to what is explained above. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The retirement benefits are given to a retiring employee for the service rendered to the organisation. So it's the employee's exclusive privilege regarding the disposal or retaining of the retirement benefits by him. However you can persuade your father to part with the retirement benefits to all the family members.

2.  On the intestate death ( without executing a WILL ) of your father, you 3 children of 1st wife, 2nd wife ( if she has legally married your father after your mother's death only ) and her son will be entitled to equal share in your father's self acquired property ( house ). However, during your father's lifetime, he alone will have the absolute right over his self acquired property, either to retain, or to gift it to anyone or to sell, etc.

3.  In case of ancestral property, you and your siblings, will have a share in it.

Shashidhar S. Sastry
Advocate, Bangalore
5640 Answers
339 Consultations

Your father's retirement amount and the property that is on his name are his own property.

Neither you nor anyone can claim any share also in it as a right.

If he denies to give you any money or share in the property, then you cannot do anything about it legally.

You cannot legally stop him also if he is giving any money to his son of second marriage  including the property.

It is is his own property hence he has full rights to dispose or transfer his property to anyone of his choice and desire.

 

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

As a matter of legal fact, if a share of your grandfather's property ws inherited by your father as his share out of partition among his siblings, then it  also becomes his own and absolute property.

Neither you nor your sibling of your step mother nor anyone can claim any share in that property also as a right.

 

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

Go for Succession certificate and ask for division of property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The self acquired property of your father belongs to him and he may choose not to give anything to you people. I am sorry but that is the law.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The ancestral property can be divided amongst you. All his children and him have a share. 2nd wife doesn't have any share in that.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If your father is alive then he can give his retirement benefits to anyone he wants as that's his right. Only if he dies without will you can expect the benefits to be received by you. 

Prashant Nayak
Advocate, Mumbai
34706 Answers
249 Consultations

1. You cannot do anything if your father doesn't want to give retirement money or share from his property to you.

2. If there is some ancestral property which is not yet partitioned by legal heirs of your grandfather then you can claim share from that property by filing partition suit.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

son can not claim any share in father's self earned/ acquired property. Only can claim in ancestral properties. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

only in ancestral property you can claim share. 

in grand father property grand son has no share during father lifetime 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Yes.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Ask a Lawyer

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