• Father not giving share of asset

My father is not giving me the my share of his asset I. E property but ready to give only the other two sons .He is doing partially with me ...I am also his son(among 3 sons) he should also give me some share of his asset or divide equally among the three sons but he is not doing so ,please help me for any solution.
Asked 11 days ago in Family Law
Religion: Hindu

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16 Answers

If the property is self acquired then he can dispose the property as and when he wants.

Does he also have ancestral property??

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

1) if it is your father self acquired property he is at liberty to transfer it to his other 2 sons 

 

2) not necessary to give you share of his assets 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Please share all the details ie whether he has ancestral property or not. Why is he not giving you any share.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

Kindly clarify whether it is self acquired property or ancestral property 

 

2) if it is ancestral property you can file suit for partition to claim your share in property 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

-     If it is your father self earned property then he can do whatever he wants to do with it. 

You can not claim any share from his self earned property as a right. 

 

-     It is ancestor property then only you have share in it as right. 

You have equal share with your brothers. 

 

 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

you need to provide with more information
1. Whether the property with your father is self-acquired or ancestral?

2. Whether any of the property is also held by your mother?

3. if you still want then try to get the property get into a family settlement with your father or file a partition suit before the Civil Court.  

Amol Chitravanshi
Advocate, Delhi
271 Answers
1 Consultation

4.0 on 5.0

You have equal right to share the property. If you want your share you need to file a case. Issue lawyer’s notice seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share.

Ravi Shinde
Advocate, Hyderabad
1011 Answers
8 Consultations

5.0 on 5.0

1. If it were to be your father's self acquired property, then he is within his right to take a decision regarding the property as per his sweet will and wish. However if it were to be the ancestral property, your father could only give his share in the ancestral property to anyone, including the other two sons.

2.  Convince your father, that you, as one of the sons, is his lineage and you should be treated on par with your brothers while distributing the property.

3.  If it were to be ancestral property and if the talks fail for amicable settlement, then send a legal notice to your father claiming your rightful share as one of the Coparceners in the Ancestral Property. 

Shashidhar S. Sastry
Advocate, Bangalore
3618 Answers
207 Consultations

5.0 on 5.0

Since this is your father’s property, he may choose to give the same to anyone as per his wish 

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

If the property was your father's self acquired property, then he is the right person and authority to decide about the disposal of his property.

He can transfer his properties to his two sons alone out of  his three or more children.

It is his own will and wish either to give you a share in the property or not.You cannot claim any share out of his self acquired property as a right at least not during his lifetime.

You are helpless even if he is showing partiality among his children in this aspect, you cannot force him to give a share to you, it would be illegal and an offence under criminal law to force him to give a share in his property to you against his willingness. 

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

You have not stated that whether the property was your father's self acquired property or ancestral property.

If this property was ancestral property or joint family property  or property under HUF, then you can claim a share in it as a right by filing a suit for partition.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

1. If he is the owner of property then he has the right to discriminate between his heirs at the time of making a settlement of his property.

2. You have no locus to question it.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

Dear Sir, 

1. it is important to know whether the property is an ancestral property or Self-acquired property.  

2. However, in the case of an Ancestral property, having an equal share in the property is your right. If it is an ancestral property and your father disagrees with giving you a share during an amicable settlement, you can send a legal notice to your father claiming your share as one of the coparceners. 

3. In the case of a Self -acquired property, Your father has the right to do as he wishes with the property. You will not have a share in the property as a matter of right. 

Thank You

  • For further assistance, you can book a consultation with me. 
  • If you liked my answer, please give a good rating and leave a review. 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

Dear Sir

If it is his self acquired property he can divide the share among his sons as per his wish. To prevent such discretion you may file a partition suit taking a plea that it is a HUF(Hindu Undivided Family) property. It means with the joint efforts of father and sons it was so acquired thus proposed sharing may be postponed temporarily.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

Hey,

If the property is your father's self-earned then you won't have a say in it. However, if it is ancestral property, then you can seek your share as a matter of right through a civil suit. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

- If that property was purchased by your father , then he having his right to transfer the same to anyone as per his own wish and none can object the same.

- But if the property is ancestral then he cannot transfer anyone without getting your consent. 

- If that property is from his personal wealth , then also you can claim that you have contributed as well , and due to why this property is family property and cannot he transfer to only his choice son 

- Send a legal notice to him and ask your equal share in the property , and if refused then file a suit for Partition . 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

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