1) it is your father self acquired property
2) he can bequeath it or gift it to one son only
3) other 2 sons cannot file suit for partition to claim their share in property
My father is retired teacher. He is alive and getting pension. He has 3 sons but he only favored one son in all aspect mainly financially. And he did not want to give any property share to other sons. He don't want to give any financial or land property share that is under his ownership. So, there is any rule or law that other two brother can claim on property? Because he could gift all the property to only one son before death. And after gifting both of them can't do any thing. So please advise what to do.
1) it is your father self acquired property
2) he can bequeath it or gift it to one son only
3) other 2 sons cannot file suit for partition to claim their share in property
At present situation, he has doubt that on legal ground other two son can claim on immovable property. That is why currently he is selling land (Bought by him in 2004 in Tilaya ,Jharkhand) to convert the immovable property in to the cash (liquid money). So no one can claim. 1. It is possible to claim on Liquid money earn by him. 2. Can we prevent this land transaction because he did not got concern from other two sons?
At present situation, he has doubt that on legal ground other two son can claim on immovable property. That is why currently he is selling land (Bought by him in 2004 in Tilaya ,Jharkhand) to convert the immovable property in to the cash (liquid money). So no one can claim. 1. It is possible to claim on Liquid money earn by him. 2. Can we prevent this land transaction because he did not got concern from other two sons?
1) it is your father self acquired property
2) you have no claim on the sale proceeds of the land
3) no court would grant any stay as it is self acquired property of father
legally you dont have case . but you can plead with your mother to convince your father to give all 3 sons equal share in sale proceeds of the land sold by him
He can give his self acquired movable and immovable property to anyone he desires. He has the liberty of law to discriminate among his children while distributing his property. His right to do so cannot be challenged in the court.
You can restrain him through injunction from selling the property only if you can prove that it is ancestral.
So, there is any rule or law that other two brother can claim on property? Because he could gift all the property to only one son before death. And after gifting both of them can't do any thing. So please advise what to do.
If the property in the hands of your father is a share of properties he inherited out of ancestral properties, then he has to divide that property equally among all his children and also a share for himself, to allot one such equal share to each of his children.
If the properties are his self acquired properties, then he has full rights to dispose them in the mode and manner as per his desire, which nobody can object or claim a share as a right.
1. It is possible to claim on Liquid money earn by him.
There is no provision in law to claim his money by anyone including his wife except she can claim maintenance if he failed to maintain her.
2. Can we prevent this land transaction because he did not got concern from other two sons?
You cannot restrict or prohibit him from selling/disposing his self acquired properties, there is no provision in law.
Hi, your father is the absolute owner of the property so he can dispose of the property to anybody he wants and others have no right to question it.
2. You can't claim the self acquired property of your father.
1. The property is owned by your father and he can do any thing he wishes to do with his property including gifting the same to your one brother,
2. There is no law/rule based on which his two other adult sons can claim any share from his property during his lifetime.
1. No body including you can lay claim on his liquid money and/or his immovable properties,
2. You can not prevent him in selling his own property for his not taking your consent which he is not required to take as per law.