I need to know the laws that govern the property distributions in Bangalore. I immigrated to US in 1970s married an engineer later became a citizen solely to help my family. I helped my 2 unmarried brothers, married sister and my parents to immigrate to USA. My brothers were not educated however because of the immigrant visa they came and started working one brother is an accountant and another calls himself software engineer who never finished 12th standard in India. Because of the immigrant visa they married professionals doctors at my suggestion. I was glad to help my family and my husband helped me to support my 2 brothers for 7 years or so. When they got married they moved out.
My parents married me at age 17 to my husband who was 32. My husband died 10 years ago and I have 3 children. Neither my parents nor my brothers or sister came to my aid even though every one is financially secure. They stopped calling in fear I might ask them for financial assistance. I own my house in US with over $350,000 mortgage because of my children’s education.
On my recent trip to India after 22 years, I found out my father has transferred 2 real estate parcels to both of my brothers. Both are valued at over Rs.100,000,000. One parcel is located in Jayanagar which my elder brother had it as joint ownership with my father. Then his wife and himself contributed monies to construct a house which is rented now and later the land was gifted to my brother and registered. Rent is being collected and deposited into my brother and sister-in-laws account. My father was to receive 50% of rent and my brother 50%. since the transfer my brother has not paid my father any money.
The other parcel located in Rajajinagar consists of a large home (which my parents live in) and 2 rental units earning Rs. 12,000 and commercial rent long lease of 10,000(Reliance tower). This property currently in my mother’s name who has 6th grade education who plans on leaving it to my younger brother. My younger brother has numerous other properties in Bangalore and in US. He does not need the money. When he visits India he primarily stays with his in-laws and visits my parents for few hours. My parents are from old school and claim they can do what they want with their property.
My parents had asked me to sign a paper saying that I did not have any claim to the property approximately 15 years back, which I had refused. My sister signed the paper as well as my 2 brothers. My father worked for PWD - with LCE as an engineer with my mother never working or inheriting any property. My father received distribution from a property from my grandmother which was split between my father and his older brother. My brothers have not contributed any financial assistance to my parents in acquiring either of the properties.
At present my mother is 77 and my father 80 live by themselves. Since I am a widow with 3 children I wanted to move back to India and take care of them. Since all my siblings are with their spouse who is working they do not have any intention of living with my parents at this time.
I have contributed financially, emotionally and physically living with my siblings and caring for them. They never contributed any emotional or moral support or any financial assistance to me while my husband was bed ridden for 4 years. I have helped my parents with my sister’s wedding, contributed jewelry clothing and other expenses. No one ever compensated me for anything including immigration expenses. I was unlucky to be part of this ungrateful family. However, I am in the process of seeking legal assistance to see if there is any chance for me to get some financial settlement from my parent’s inheritance.
I thought Hindu laws dictate that daughters are entitled to fair share. Does my children have any rights to this property? Please advise.






vijay_m_Indian_Lawyer said:
Nov 08, 09 at 5:47 am"I thought Hindu laws dictate that daughters are entitled to fair share."
True the Hindu Succession Act,1956 provides equal right to daughters in the self acquired as well Hindu copacenary (ancestral) property, but only problem here is that the equal share to the daughters in the self acquired property comes in existence after the death of the Hindu male/father or female/mother whereas the equal share in the copacenary/ancestral property comes in existence from the time of birth of the copacenary/daughter in the joint Hindu family.
In your case the property in question has been the self acquired property of your parents, how it came in existence in their name hardly matters as now it shall be considered the self acquired property for all legal purposes.
Now they can dispose the property during their life time to anyone as they intent to do or they can make a testamentary document/Will for its disposal to any beneficiary after their death or just leave it in intestate state for the class 1 heir which include all daughters to get one share each out of the property of the deceased.
As far right of your children in the property of your parent is concerned that can be possible if you die before them & the property has to be distributed amongst the legal heir than in such case your share as daughter will go to your children not otherwise.
cashkill said:
Nov 08, 09 at 5:56 amI have a gift for you and your whole family please share it throughout your village for more blessings:
Say this prayer out loud:
"Lord Jesus, I believe You are the Son of God. Thank You for dying on the cross for my sins. Please forgive my sins and give me the gift of eternal life. I ask You in to my life and heart to be my Lord and Savior. I want to serve You always." Amen
May God Bless you and all you share it with. Amen
Sridhar said:
Nov 08, 09 at 8:14 amYou may have to gather all the evidences to substantiate that the properties were purchased out of the money sent by you, and then consult a good lawyer who is well versed in property affairs. You can claim portion your money given to them and also share in your parents properties and alienation of the properties on the ground that the properties wer not purchased out of your father’s earnings. .However, this may precipitate your relations with your brothers for which you have tobe prepared.