• Rights in property

My grandfather left landed property and died without will , My father and his brothers divided the property in equal shares of that property .My father sold his share and entire sale proceeds he wants to give my brother. We are two sisters and one brother all are married . Kindly advise that we married sisters have right to ask our share in the sale proceeds from our father.

Kindly send your reply in my email i.e. "[deleted]

with regards
Asked 9 years ago in Property Law
Religion: Hindu

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4 Answers

1) i presume it is self acquired property of your grand father

2) on his demise property has been divided among legal heirs ie your father and his siblings

3) father is at liberty to give sale proceeds only to brother .

4) you cannot claim any share from your father

Ajay Sethi
Advocate, Mumbai
100049 Answers
8169 Consultations

Dear Concerned

You father is free to sell and disburse the proceeds to anyone who he wish to any you can not claim your (married sister) share in these proceeds being the property of your grandfather and not that earned by your father.

Best of Luck

Atulay Nehra
Advocate, Noida
1319 Answers
58 Consultations

1. Your father was the owner of his share of his father's property which was partitioned between his brothers.

2. He is within his right to do whatever he wishes to with his said share of the property including sale of the same and gifting its sale proceeds to anyone he feels like.

3. You have no legal right to claim any share of the said proceed if he does not want to give the same to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

The share of property acquired by your father from his father's property shall be his own and absolute property.

He is the only person who has full rights in it to dispose it or transact with it in any manner.

Therefore his decision to give away the sale proceeds money after selling this property to his son alone is his own right which cannot be questioned by anyone.

In fact you or anyone do not have any rights in it legally.

\However you can involve elders of family and convince your father to allot some portion of the money to you and the other daughter too.

T Kalaiselvan
Advocate, Vellore
90252 Answers
2509 Consultations

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