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. No what options rest with my father.
9. Please advise me.
Thanking you.
2 Answers from Attorneys
Your brother may have no right to seek division of your father's property, unless your father has the property inherited from his father/forefathers.
Your father is entitled to deal with his self acquired properties as per his wishes.
your father is free in his world to distribute his self acquired property according to his own desire. your brother cannot claim as a matter of right that too during the life time of father. Your brother must be kidding.
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