Legal Question in Wills and Trusts in India

if i want a share in my father's property but he is not ready to give me my share, is there any way to get my share. he is not giving that because he has a son so he does not want to share his flat with daughter. is there any solution to this problem of mine. i am working with the salary rs. 5000/- only and he is earning more than 75,000 per month. he has his own flat. please help.

Asked on 11/08/13, 4:26 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.
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If it is father's self acquired property (out of his own earnings) then you can not claim a share in that property as a matter of right. It is your father's prerogative whether to give to you or to son or to any one. You cannot force him to give that to you. However, when he dies and that too without leaving a WILL then and then alone you will have right along with your brother and mother in that property. But during his lifetime he writes a WILL excluding you, then also you will not be able to claim anything after his death.

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11/08/13, 7:00 pm
KarVai +91 9811284735 KarVai Legal Solutions(www.karvai.in)
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You haven't clarified about the kind of property it is whether its ancestral or self acquired.if it is self acquired property then its your father's prerogative he can give it to anyone its his wish after his death you can ask for your share if he dies without leaving a will.

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11/08/13, 7:44 pm

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