Legal Question in Family Law in India
1. My father got re-marriage after death of his first wife. He have one son and two daughters from first wife and one son (myself) and one daughter from his second wife.
2. My brother insisted for partition of property and my father divided some property on both of us. My brother sold his property and some of mine also. I with father had spent a lot of money on repaying the debt which was taken by my brother.
3. My father's mostly properties are build up by my father.
4. I am looking after my aged mother and father who generally is on regular medical treatment.
5. I want to extend my own business and a proper home for us because earlier home is old and not comfortable.
6. My brother is living away with his family, and now after a gap of approximately 10 years he has applied for division of property in court.
7.. My father does not want to give him anything because he is in the opinion that he will sold all his property which he has made by his very hard labour and by leaving his comfort.
8. Now, my brothr has approached the honourable court for the division of proprty between himself and his two sister only, telling the court that my father married before his mother's death and her death occurred due to harassment.
9 Now, what options rest with my father for sef acquired (i.e. land and shop) and ancestral property.
10. Please advise me.
Thanking you.
2 Answers from Attorneys
as your father died without executing a will, it is advisable to go for partition otherwise i would like to see all the papers.
Since your father is alive, your brother cannot succeed. Your father may distribute his self acquired property in any manner he desires, whether he did second marriage while first was alive or not. That will not take away father's right to distribute property. he may not give any thing to your brother and still he may give to any one including you or your sister.
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