An 18-year-old young man, Aarav, finds himself in a distressing family situation. His parents, who are both healthy and active, recently funded his elder sister Priya’s (22) design degree from a private university in Navgarh, which cost the family nearly one crore rupees. Aarav respects this decision but is now concerned about his sister’s behaviour post-graduation.

It has been several months, and Priya has made no effort to find a job or enhance her professional skills. Instead, she spends her days on social media and her evenings at expensive cafes and clubs with friends, continuing to spend a significant amount of their parents’ money. Aarav, who has just secured admission into a prestigious engineering college in Jayanagar, feels there is a stark disparity in their expenditures. He had to forgo an opportunity to study abroad because his father stated they couldn’t afford it after Priya’s educational expenses.

Aarav is worried that his sister’s extravagant lifestyle will deplete the family savings, potentially jeopardizing his future financial security and any inheritance he might receive. He wonders if there is a legal way for him to claim his share of his parents’ assets now, to safeguard it for his future, perhaps for starting a business. He acknowledges that this might sound selfish but feels it’s necessary to protect his financial future from his sister’s irresponsibility.

Advice in such cases

Navigating financial matters within a family can be emotionally and legally complex. It is crucial to understand the legal framework surrounding parental property and the rights of children.

• Understand Property Types: In India, property is primarily categorized as either self-acquired or ancestral. The rights of children differ vastly depending on this classification.
• Communicate with Parents: Before considering any legal action, the first step should be an open and honest conversation with your parents about your financial concerns and future aspirations.
• Financial Planning: Suggesting a family financial planning session with a professional might be a constructive way to address the issue without creating direct conflict.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This issue is a civil matter and is governed by personal and property laws, not criminal laws like the Bharatiya Nyaya Sanhita (BNS). The police have no jurisdiction in such family financial disputes. The primary laws applicable are:

• The Hindu Succession Act, 1956 (as amended in 2005): This act governs the succession and inheritance of property. It makes a crucial distinction between self-acquired and ancestral property.
• Self-Acquired Property: If the property and money have been earned by your parents through their own efforts, they have absolute and complete ownership. They can dispose of it in any manner they see fit during their lifetime. Children have no legal right to claim a share in their parents’ self-acquired property while the parents are alive.
• Ancestral Property: This is property inherited for four generations through the male lineage. In such property, children (both sons and daughters) acquire a right by birth as coparceners. A partition of such property can be sought, but it is a complex legal process.
• Senior Citizens Act, 2007: While not directly applicable for a claim by a child, this act protects parents from harassment by their children, reinforcing the parents’ rights over their own property.

If you are the complainant

If you are in a situation similar to Aarav’s and are contemplating action, here is the approach to consider:

• Determine Property Nature: The first step is to ascertain whether your parents’ assets are self-acquired or ancestral. This is the most critical factor in determining your legal rights.
• Gather Information: Collect any documents related to family properties, if possible. However, do not resort to any illegal means to obtain them.
• Seek Family Counsel: Involve trusted elders or relatives to mediate and help the family arrive at an amicable understanding. Court battles can permanently damage family relationships.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Feeling that your financial future is being compromised by a sibling’s actions can be incredibly stressful. If you feel you are a victim of this circumstance:

• Manage Expectations: Understand the legal reality. You cannot legally compel your parents to stop spending their self-earned money on one child over another. They have the absolute right to do so.
• Focus on Your Future: Instead of focusing on what your sister is receiving, concentrate on your own career path. Your education at a premier institute is a significant asset that you can leverage for a successful future, independent of family inheritance.
• Document Unfairness: If you believe the property in question is ancestral and you are being unfairly deprived, you can start documenting instances. However, this is only relevant if you decide to pursue a partition suit, which should be a last resort.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police will not intervene in such matters. This is a purely civil dispute concerning family property rights. If you approach a police station with a complaint about how your parents are spending their money, they will refuse to register any FIR (First Information Report). They will rightly advise you that this is a matter for the civil courts and does not involve any criminal offence. Police involvement is not an option in these situations.

FAQs people normally have

Can I legally stop my parents from giving more money to my sibling?

No. If the money is from their self-acquired income or savings, your parents have the absolute right to spend it as they wish. The law does not mandate equal expenditure on children.

What is the difference between self-acquired and ancestral property?

Self-acquired property is anything purchased or earned by an individual with their own resources. Ancestral property is property that has been passed down through at least four generations of a family’s male lineage without being divided or partitioned.

Do I have a right to my parents’ house while they are alive?

If the house is self-acquired by your parents, you have no legal right to it during their lifetime. You are living there at their discretion. Your right to inheritance only arises after their demise, and even that can be altered by a Will.

What evidence is required?

If a legal case for partition of ancestral property were to be filed, the following evidence would be crucial:

• Property Documents: Title deeds, sale deeds, and revenue records (Khata, Patta) that establish the ownership history of the property.
• Proof of Lineage: A detailed family tree and documents like birth certificates to prove you are a coparcener in the ancestral property.
• Proof of Property’s Nature: Evidence showing that the property has been inherited for over four generations and has not been partitioned.

For self-acquired property, no evidence can compel a parent to give you a share during their lifetime.

How long will the investigation take?

There is no police investigation in such cases. If you file a civil suit for partition in court, the process is typically very long. Property disputes in Indian courts can take anywhere from a few years to over a decade to reach a final resolution, often involving multiple stages of appeals.

Advocate Sudhir Rao, Supreme Court of India