• Property rights

My family consists of me and my brother both in married father and mother. The family owns the following
A. House that we live jointly owned by my parents and bought and paid for by both of my parents. 
B.land in the name of my Father. He received it10 years back when his father's(deceased 50 years back ) property was divided between his mom , brother and himself. He has sisters but as is customary in this part of Kerala and Christian families they were given cash when they were married off. The property Perviously belonged to my grand fathers first wife who died without issue.my grandmother is his second wife and is still healthy at 98
Now my brother and parents are not on good terms, mostly religious differences. Ours is a catholic family and he has a secular outlook.
Is there any way my brother can get his share of the property through legal proceedings. I am OK with and won't contest it but my parents will.
Asked 10 months ago in Family Law from Thiruvananthapuram, Kerala
Religion: Christian
1) property A is self acquired property of parents . during parents lifetime children cannot claim any share in said property . 

2) land received by your father on partition would be his self acquired property . son cannot claim any share during father lifetime 

3) if father dies intestate ie without any will then son would be one of the legal heirs 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1)your brother should not move court for claiming share in his father self acquired properties

2) he would be wasting his time and money on legal fees  . 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. The properties stad in the name of your parents and father,

2. They can do anything with the said property without anyone's consent,

3. Neither you nor your brother has any claim on the said property during the life time of your parents,

4. If your brother files any suit claiming share of the said properties, it will have no leg to stand in the eyes of law and will be shortly dismissed.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Let your parents decide who will inherit their properties and execute a will to that effect or register a gift deed,

2. Religious views staying in the same religion has nothing to do in the instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The house and land are registered jointly and absolutely in favour of your parents and father respectively. So during their lifetime your parents are at liberty to sell, gift or will their property to anyone they desire. None of their children has the right to claim a share therein unless they die intestate. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hello
1. Your parents can dispose or disperse their self acquired property as the way they like.It is applicable to both properties A&B.
2. You and your brother will have equal rights after your parents death if they die intestate (without any testamentary documents/WILL) in the Property 'A'. and in "B" after your father's death if he dies intestate.
3. There is no legal option as of now to sue for the share  and it will be a waste of money in terms of court fee and advocate fee and it will all the more trouble your parents.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Now my brother and parents are not on good terms, mostly religious differences. Ours is a catholic family and he has a secular outlook.
Is there any way my brother can get his share of the property through legal proceedings. I am OK with and won't contest it but my parents will.
This 'A'  property belongs to your parents, it means it is their own property hence they have full rights to dispose it in any manner they would like to and as per their will and wish. Their children cannot claim a right in such properties hence not eligible for a share in the said properties
The above is the answer for the property 'B' too.  Neither your brother nor you can claim a share as a right in this property too since it is your father's own and absolute property.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Is there something to be done . my parents are well religiously fanatic and my brother is adamant about his secular views. 
Your brother should be an adjustable type so that your parents can allot a portion of the property to him, but if he is fanatically adamant, your parents will be more annoyed and may disposed the properties much against his wish, which he cannot do anything except to watch as a silent spectator.
Therefore no legal solutions to it except alternative measure to convince your parents about it. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0