• 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
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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
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Above is in order and covers your query fully.
Anil Gupta
Advocate, New Delhi
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41 Consultations
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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
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475 Consultations
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