Hindu Joint family from haryana. We are two brothers and one sister. Property X is self acquired of father's property is registered and divided b/w we two brothers at elder age during purchasing of property. Me and My sister got married in 2015. But my younger brother is bachlor. How much share i will get from property x and fathers income after retirement if i have evicted (Bedhkal) on behalf of simple affidavit by my father due to domestic violence b/w my wife and parents. Not any criminal case etc. registered on me till date. And at present we are leaving with parents at this Property X. Is my sister has any right on this propery X. Please Clarify. Thanks.
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1. If the property X at time of your purchase was registered in your name and that of your brother then you have half share in the said property and no once and deprive you from getting due share.
2. So the affidavit even if done by your father has no legal sanctity or enforceability.
3. Your sitter has no share in the property.
4. If you do not get half share in property X you can file suit for partition to get your due share.
It is self acquired property of father
2) during his lifetime you and your siblings have no share in said property
3) on father dying intestate you and your siblings would have equal share in the property
4) your father can during his lifetime transfer property in your names if he so desires
If property X is registered on your name then only that registered share will be yours.
If it is not registered and your father did not made any will then it will be equally divided between you, your brother, your mother and your sister.
If your father dies without making any will then your sister have equal right on the property as you, your mother and your brother. Means the property will be divided in 1/4th share of each of you.
Nobody is automatically entitled to any share in a person’s self-acquired property. Your father can sell or lease it to someone, gift it away, will it to anybody, etc. It’s only if he were to die intestate—without making a will—that certain people would become entitled to a share in the property in their capacity as heirs. Such a property—belonging to a male Hindu dying intestate—devolves on his heirs as per Section 8 of the Hindu Succession Act:
“(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.”
You are a Class 1 heir and would be entitled to an automatic share if your father were to die intestate (without leaving a will)—and an affidavit disowning you won’t affect this right—but under no other circumstances.
You are not entitled to anything as far as his income is concerned.
Please clarify as to what do you mean when you say the property was divided between you and your brother at the time of purchase.
For the present since this is your father's self acquired property, it shall be his own and absolute property.
Neither you nor your siblings have any right in the property in any manner and cannot claim any share in it as a right.
At least not during the lifetime of your father.
If your father is no living and he has not made any arrangement towards this property then this property shall devolve equally on all his legal heirs including your mother and sister.
1. The Class 1 legal heirs of your father are his mother, widow and all children including daughters. The share of daughter is at par with that of son in the self acquired property of father, which she can cull out by filing a suit for partition in the civil court.
2. All the surviving Class 1 heirs of your father will succeed equally to property X.
3. Your eviction by your father does not exclude you from succession. A legal heir is excluded from natural succession only through will, not eviction.
Since the partition is done by father and registered in favour of you you shall have half share of the property and the sister shall not have any share. Further no one in life of father has share in his retirement funds.
Secondly if no registered family settlement or partition then in life of father other then father no body has share in property. He can dispose property at will.
What do u mean by divided b/w we two brothers at elder age ?
In the life time of father, you have no claim in his property and assets nor to your sister.
Hi,
The sister may not have any right in self acquired property of father. The Payment to father or brother will be depend on current market price if asked by father.
