• Property right on parental property

Is there any clause where I can have a scope of getting a share in property of my parents? I am a divorcee and living in a pg.
Asked 3 years ago in Property Law from New Delhi, Delhi
you have not mentioned whether it is self acquired property of your parents or ancestral  property . as far as self acquired property is concerned your parents can dispose of the said property as they please. they can by will bequeath property to whom so ever they desire . even during lifetime they can mortgage, gift or sell the property . 

in case your parents die without making any will you would be one of the legal heirs of property along with your brothers or sisters
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
if it is your father's self acquired property, then during the life time of your father, you are not entitled to any share in the same. but if it is a joint family property or ancestral property, then you are entitled for the same.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Above is in order and covers your query fully.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
You have not stated in your query as to whether the property is the self purchased property of your parents, or ancestral property. Has any will been made by your parents respecting this property? If it is the self purchased property then you have a fixed and inalienable share in it which you can cull out through the process of court by taking recourse to law unless your rights therein have been ousted by a will made by your parents.

On the contrary, if the property is ancestral then also you have, as to day, a fixed share therein which can be got separated by you through the court. 

Before embarking on the voyage to cull out your share it will be wise on your part to consult a lawyer to ascertain if the property is ancestral or self purchased and also whether any legal instrument was made by your parents respecting this property as your rights will be subject to it.
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 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
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0