Legal Question in Family Law in India

Hi Sir,

We are three siblings myself and two younger brothers. My Younger brother got Cancer two years back and My youngest brother completed the studies not working still dependent on my parents. My Father is a retired non-government employee who is getting 4500/rs per month as pension. My father, Youngest brother and mother are surviving on that pension amount by staying in rented house in a village. They dont have own house also. My father got 20+Lacs amount after his retirement where he spent that entire amount , even he borrowed few lakhs from relatives on my younger brother medicine and hospitalization of his disease.

My query is related to the Property of my parents.My Parents have one site where it is on my father own earned property on his name. My mother's father [ Grandfather] has given 1.45 acres of agricultural land to my mom during her marriage as a gift.My younger is working in IT company where he is earning 50k per month where he never gave the amount to parents because he also spending that amount for his medicine and his wife, daughter survival. I have a stright forward question here is if the property is my fahters own earned does that belongs to my younger brother wife and his daughter, because tomorrow something goes wrong with my younger brother entire responsibility of my parents goes to my youngest brother more over my father spent all his retirement amount on my younger brother. Does my father own property goes to my younger brother family { Wife & daughter }. Also my mothers gift land came from her father will that also goes to his wife and daughter???

Points to note: My mother is bed ridden patient where she had a major accident to her leg. Younger brother wife left him and staying with her parents and she is not caring my younger brother in this situation as doctor told there are no hopes to cure that disease. There are some signs we got from brothers wife side as they are trying to legally to get property from my father and Mother gift land. Is this possible if they go legally.

Regards,

Daughter of the above poor parents and Sister of the above unlucky brother.


Asked on 9/10/16, 5:13 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Dear

Upon your straight question, here is the straight answer. In case of your father's demise, the property shall be divided in 4 equal parts as per Hindu Succession Act, mother, two brothers and you.

Similarly, upon mother;s demise property shall be divided among four.

Since both mother's and father's properties are self acquired, they can Will, gift or sell it and no one can object to that.

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Answered on 9/10/16, 9:57 pm


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