Legal Question in Family Law in India
family property
I am youngest among 4 brothers & 2 sisters. all brothers & sisters (myself also) are married. my all elder brothers are living in separate house given by my parents. They all are in business. I am alone in service. I am staying away from my family in rented house. several times i told to my parents about purchasing a home for me. but they neither replied positively nor denied. I felt in some of matters that my parents are doing partiality with me. Now i want to know that if i go to the court for my settlement, what is my position at present. I have one daughter also. How can i force them to fulfill my demands. How can i get assurance that I will get equal part of property when it is divided among all. please guide.
2 Answers from Attorneys
Re: family property
Prima facie it is to be know that whether the property your father and brothers are in possession is derived from the Sole earning of your fathers or is it ancestrial property.(Ancestrial means - which is dereived form your grandfather or forfathers)
If it is ancestrial property, then you could file a suit for partition, and calim your right. Whereby you have to prove that your not parted from the family, but still a member of family.
If the property is not a Ancestrial property, then you cannot get anything against your parents will
Re: family property
Dear, brother, you have not described in your querry, about the status of the family property. If it is an ancesteral property, then you have a right to claim in it. But if it is a self earned property of your father, sorry you cannot claim any legal right in it, unless and until you father is alive and after his demise, only in case he leaves no will of his with regards to his property, you can claim your part of property in it. Any further querry or clarification can be put to me at my id- [email protected] or on my mobile in Delhi on 98110-62868.D.M. Bhalla, advocate, delhi, india
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