• When there is no will left behind

If a son/daughter has refused to, and had been negligent in taking care of ailing parents, is there a law provision to deny property rights to that person and his/her heirs?
Asked 2 years ago in Property Law from Pune, Maharashtra
1. The son can sued u/s 125 crpc for providing maintenance to his parents.
2. He can be sued under Senior Citizens' Act as well.
3. The father can bequeath his properties to any person he chooses by way of Will or Gift deed.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
You can leave will to any one you want or gift to any person keeping life estate. See this decision.it matches your question.it is a Supreme Court decision of not awarding property to ungrateful children who never look after their parents.Mahesh Kumar (Dead) By L.Rs. versus Vinod Kumar and others
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, you have to file petition under section 125 of the Criminal Procedure Code for maintenance as his daughter ans son failed to maintain his/ her parents and court will pass appropriate order.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)parents can make a will bequeathing property to whom soever they desire . in the will  reasons can be given for disinheriting the children and not bequeathing any property to them 

2) in addition parents can seek maintenance from children . make application under maintenance of Senior Citizens Act and Tribunal can award maintenance not exceeding Rs 10,000 per month to needy parents
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
A. If property nature is self acquired, parents can transfer the property in any manner i.e Will, Gift, Sale etc,.

B. If property nature is Ancestral or joint family property , parents cannot transfer the property without the consent of the major children due to they have interest over the property.

C. Parents can seek maintenance from children under Section 125 of Cr.PC.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
parents can make a will bequeathing property to whom so ever they desire .in addition parents can seek maintenance from children
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) your parents died intestate . ie without  a will . on their death property will devolve on you and your sister equally

2) affidavit of relatives , neighbours wont help you in staking your claim for entire property of the parents . 

3)in absence of will you cannot deprive your sister  of 50%  share in property of your parents . 

4) similarly in respect of FD/RD you would be entitled to 50%of the proceeds . 
5) apply for letters of administration from  court
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. There is no law which authomatically bars a legal heir of a property in inhereting  the said property for not takin g care of the deceased owner of the saiud property,

2. In absence of any Will executed by the deceased owner of the property, even sribbled on a plain paper being witnessed by two valid witnesses, all his legal heirs have qual right on the said property,

3. You can claim 50% of the said FDs and file a partition suit for the same.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Your   sister has equal right of inheritance over the estate of your late father since he died intestate. You had equal right over the movable property as well. If your sister has defrauded you , she can be prosecuted on your complaint.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
Since your parents have died intestate and In the absence of WILL, both you and your sister are entitled to 50% share in all movable & immovable properties, Affidavits from relatives and friends will not help.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. The ailing parents can sue their son for maintenance. Son is under an obligation to provide financial support to his parents when they are in the evening of their life and have no means to support themselves. 

2. If they have any property of their own then they may make a will to deprive him of any share therein.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. In the absence of a will in your favour you cannot claim to be the sole owner of the property. Your sister has an equal right in the properties left by your parents in spite of the fact that she neglected her duty as a daughter to provide comfort to her parents when they were alive. Affidavits have no significance in so far as proprietary rights are concerned. The said wish of your parents to pass on the residential flat to you alone should have been articulated in a will or other instrument of transfer, failing which your sister has an equal share in the residential flat. 

2. If your sister has fraudulently taken away movable or immovable property then you file a case of fraud and cheating against her in the court. Simultaneously file a case for partition to preserve your rights.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello,
If your father died intestate,ie; without laving a will behind regardless of the fact that while he was alive he was not taken care by the daughter she is entitle to an equal share in the property with you.
Of course you too have an equal right in all the assets 
You can not stake absolute claim of your deceased father's property.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
You can file a case against her fraudulently taking away all belongings and then adduce through affidavit and witnesses that she never looked after them and submit the decision I told you earlier you can claim property from her without giving to her. But you must convince the court
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
without  a will  on the death property will devolve on you and your sister equally
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since parents died intestate, if you think your sister has taken away more money and assets go for a legal proceeding for a partition and at the same time initiate a criminal proceeding by fling an FIR of fraudulent way of handling the FD /and other bank accounts. At the end there has to be an equal division of all the assets, movable and immovable . You cannot be absolute owner/ stake holder of all assets and deprive your sister against her right of shares .the same applies to your sister as well.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
A. In the absence of Will, the property would be devolved between the surviving children equally i.e., both are entitled to get a 50% share over the property ( Movable - FD AND RD  and Immovable).

B. The affidavit is the only declaration of facts in the absence of material documents, hence it will not help to you.

C. You can apply letter of administration under the section 228 of the  Indian succession act.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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