Need help in property rights in family
Hope you are fine.
I need your help in one clarification regarding property rights.
Myself Rajendra, from Karnataka.
For my father we are 3 children myself,brother and sister.
I am the elder one, my sister she did intercaste marriage (Love Marriage) without informing us. They went abscounding and got married.
Now they came long back and she is having 4 year daughter also.
My father as got some property which came to him from his father (Our grand father) and from his brother.
Along with my father he is having 5 brothers and 3 sisters. After my grand father death all these 9 people shared the property equally.
Now my father as got two properetis:
1. Land from his father (Our Grand father)
2.Land from his brother (As gift deed). (our uncle or big father).
Now my sister is asking share to my father out of his share got from his father and brother.
Since she as married to some other caste guy which was not interested for my father, now my father is not willing to give equalshare to her and he told he will give some sort of property as per his wish.
But she is telling she will file a case to receive equal share in property.
So my father wanted it to divide only for other to children (i.e. Me and brother) and only some sort to my sister.
So, is there any option for him to do as he wishes. So that if she put case also she should not entitle to equal share.
My question here is :
1. Though the property came to my father from his father and his brother - Does she can get equal rights out of it ?
2. Since she married to different person who was not interested from family - Does she entile to Equal share ?
3. Recently I have seen in one media that, girls who marries to other person opposing to parrensts, by making intercaste love marriage, they are not entitle to share of any property of father. Is it true ?
4. As per my father wish is there any option to do, that to divide the property only among is two son's me and brother and to give daughter a little property (i.e my sister ).
Could you please clarify us with above doubts. So that we will remember you for life time and my father will also will be happy according to his wish.
Asked in Property Law from Bangalore, Karnataka
1. Yes, she is entitled to it .
2.Yes, absolutely. Her marriage has nothing to do with her legal rights unless she would have abrogated her religion.
3.Sorry, that is wrong information.
4.If your sister agrees that she may remain satisfied with little share of it. it is her wish and if that is so then ask your father to execute a family deed of settlement.
She has same and equal rights as of her brother.The best course of action would be to settle the matter amicably making her agree to the share/portion whatever is happily given and then same could be recorded in family settlement which must be got registered.
Advocate, New Delhi