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

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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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 in the capacity of legal heir of his deceased son. He lost the love, affection and support of his young son. This amount is not a bounty. 

You are not a legal heir of your brother because your father is alive. However, you have 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 an exclusive property of your father. It is not a joint Hindu property because your father has received it in his personal capacity. 

Hence, you are not entitled to claim share in the compensation. Your father has absolute right hence, he can transfer it to his second wife by the mode of gift. Presently she became the owner of entire compensation.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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