Can my father sell my grandfather's property without my consent?
That would depend on whether the property was your Grandfather’s “self-acquired” property or whether it was an ancestral property.In case it was your grand father’s self acquired property, on his death, and your father is the only legal heir of the property, unless there is a will which bequeaths it to both of You, he can sell the property.In case there is no will or your father is the only person on the Will, your father can sell the property without your consent and you cannot claim any share in sale proceeds .You can claim if your father further invested the amount in in other property or has FD in his name on the basis that the amount which he is holding is that of his father.
Can an Indian son claim ancestral property if his father is alive?
In the Civil Appeal of U.R.V irupakshaiah vs. Sarvamma & another, the Supreme Court of India ruled that Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is “ancestral property”.Under the Hindu Law, the moment a son is born, he gets a share in father’s property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth.By its very nature, ancestral property is coparcenary property and the son is a joint owner along with his father (when he is alive), i.e., he can not have exclusive or sole right to the entire ancestral property.Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him.In the light of the above (limited) discussion, it can be observed that the son, in the capacity of a coparcener in the ancestral property, is not barred from making claim while his father is alive. But such claim shall have to be limited to his share only.
Can a daughter claim her share in father's property against the WILL of her father as per the Hindu law?
The basic principle of Hindu law is - If it is your self acquired property, you can do as you please with it. You can give it away to a stranger on the road or a charitable trust. Doesn't matter. If it is your ancestral property, then your children take a share the moment they are born.When you die without making a will (intestate), your property becomes ancestral for your children.So, to answer your question, if it is your father's self acquired property, you cannot ask a share against his will. If he has dies intestate it becomes ancestral property and you will have an equal share with your brother and mother. Succession for a Hindu male dying intestate is thus - Children, wife and mother take the first equal share. So, if A dies intestate, his wife, daughter, son and mother, all will take 1/4th equal share in his property. There are many many other complex rules but I am not going there for the purpose of this answer. After the amendment to Hindu law, daughters take an equal share in the property. Lastly, if it is your father's self acquired property, you cannot ask for a share against his will, but if he has refused to support you, you can claim maintenance from him. Applies to both boys and girls.For more about India, her laws and polity, follow my blog - Blawgniti
My family wants to give entire ancestral property to my brother. How can I ask for equality?
If this is an ancestral property, you'll get a share in it, but if it's earned by your parents, you'd have to rely on their will. You claim that you too, have a right on it. This seems very logical and apt right now when you're single and have no other family to support.Imagine the scenario when you get married, will you be able to take responsibilities of your parents while keeping your in-laws and your husband happy and contend? Just paint the picture.I'm not saying that you can't, maybe you will, maybe you won't! If you won't, there will be no one to blame you nor you'll be held guilty for not taking responsibilities of your parents, as, technicaly you never were responsible for them.But in case your brother doesn't, he will be in the jaws of the society and will be cursed and blamed and what not, just because he's the "son".You yourself said " if the situation arises " then you'll be willing to help your parents just like a son, but your son will always be responsible for your parents whether the situations arise or not, and that's just because he's the "son".And won't your husband inherit property from his family? Would you agree taking responsibilities of your in-laws when your sister-in-law demads equal share in their property? Would stand by your sister-in-law when she demands? Would you stand for equality, as ferociously then as you are doing it for yourself now? Would you make your home, a home for your parents as well, not depending on whether the situations arises or not, but just like your brother because he's a " guy"? Can you assure that you will never back out from helping them no matter what happens?If yes, only then your claim is valid, otherwise let your brother have it. Let him have the resources to take care of your parents properly everytime everyday without depending upon the situations.P.S. I'm not saying that once a girl is married off she's not a part of the family any more, but now she's a part of some other family too, and that changes everything. You just can't get on both the boats. Especially in India, it's very rare, but if you get along with responsibilities of both the families, then you should get what you claim. And yes definitely if it's an ancestral property you'll get your share, but you can't force your parents or legally claim your share from the property they've earned.
My son just inherited $100k from his now deceased grandfather. I am going to ask him to repay me a loan I gave him several years ago. If he refuses, should I wait for him to grieve and then sue?
By the way you phrased your queation, it’s obvious that you and your son are not close. Any parent that asks their kids to repay them back a loan is:1. A Piece of shit.2. Their kid is a piece of shit.This world is fucked up. It servers you curve ball after curve ball, and if you are not conditioned to it, it can mess you up. It’s not fair, but it’s the truth.One of the biggest curve balls is having bad parents that do not condition you for the adulthood and expect something from you. They never cared enough, they rarely showed up when it counted, never instilled the confidence in you, the confidence you need to take those curve balls and dare life to challenge you some more, because you knew that somebody has your back.It’s parents’ job to make their kids fully functional individual so when the time comes they can rely on themselves.So they eventually understand all the sacrifice you’ve made for them to become like that and shower you with love and appreciation when you need it the most (and you will need it)If you can find yourself in the above mentioned, and your kid still didn’t learn and failed to realize what a wonderful role model he had, then by all means, sue him because your job disciplining them still isn’t done.No parent should EVER ask their kid to repay them ANYTHING. Money, love, respect…NOTHING. Because if the parent did their job they wouldn’t have to. Their kid would do it gladly and happily.You are not in a business relationship, you are in a family relationship. Your currency is not money, it’s LOVE. And that is the type of value that no money can buy.If you did EVERYTHING to make him realize this and he still doesn’t, then you have nothing to be ashamed of.BUT, if you were the one who failed and never fully accomplished your duties and obligations to him when he was younger and needed you, then you should be ashamed of yourself and hope that he learned the things that a very needed role model failed to teach him when he needed her the most.
What do you call your grandfather's sister's husband?
Great-Uncle (in-law)
I beat up my uncle, am I wrong?
Sounds like you need to be the one who takes a step back whenever he's around. No matter what, it looks like you'll have issues with him AND your family will look the other way. I understand that your brother is a kid, and your uncle is an adult, but maybe your family sees it as two teenagers ganging up on one man, and the fact that one man would obviously be outmatched. Next time a physical altercation ensues, go to your mother immediately and let her see what's going on. If she refuses to do something, you may have to avoid being around him altogether, or make the choice to go through more official means. It is never ok to hit another human being ... self defense is the only excusable offense, but only if it is not possible to walk away.