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Father has given entire compensation received on our elder brother death to stepmother

Shivendra Pratap Singh

Advocate

30/04/2022/ 9:38:13 PM

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Question: My Mother died in 1996, My elder brother in an accident passed away 1998. My Father got compensation of 10 lks on my brother’s death. After that My father remarried. Now the whole property, part of which was bought with my Brother’s compensation, is fully given to My stepmother. Can I and my sister have any claim?

Asked from: Delhi

Your father has the exclusive right on that amount. He got the said amount of compensation for his son’s death. He lost the love, affection and support of his young son. This is not a bounty. 

You also lost the same love and affection but the father has the legal right to receive that compensation. He is the absolute owner of that money. 

It was not a joint Hindu property because your father has received it in his personal capacity. 

Hence, you are not entitled to claim share in that money. If your father has transferred it to his second wife, then she became the owner of entire compensation.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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