• Share in partition 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.
Asked 1 year ago in Property Law from Lakhisarai, Bihar
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
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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 
Ajay Sethi
Advocate, Mumbai
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1414 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
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1414 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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You can restrain him through injunction from selling the property only if you can prove that it is ancestral.
Ashish Davessar
Advocate, Jaipur
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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.
T Kalaiselvan
Advocate, Vellore
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152 Consultations
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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.
Pradeep Bharathipura
Advocate, Bangalore
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148 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
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1. Your only way out is to win the heart of your father to ensure that he finally gives something to you willingly,

2. You can not do any thing to him legally if he decides to deprive you on this account.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0

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