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T Durga Prasad (na)     23 September 2014

Rights of granddoughter on grandparents property

Hi I am Prasad. Here is the brief descriptttion of my issue. I am from a joint family. My father has his own earned property which is named(registered) on my mother name (both are alive). My parents has 3 children those are my elder sister,  brother and myself. all of us got married and all of us have 2 children each but only my brother has only son all the rest of us has doughter's (all are below 7yrs). My brother is very conning and kept our parents on his words and my parents speak on behalf of him and his family only. And my brother has barrowed lakhs from banks and nbfc's keeping all property documents as surity and running his business(i was the proprietor for this business prior to him) and showing all liabilites in home and diverting/disposing the business capital and cash with none of our knowledge and he even trying to make me, my wife and children out from the home. And try to get whole rights on the property from my parents after making my family out from home. we are left with none of the assets or any means of livelyhood. 

I want to HALT(for Example INJUCTION ORGER) all my parents property to go into my brothers hands and want legal onpenion. Like this or something else

Can I file a pitiotion on behalf on my doughter(granddoughter of my parents) and challenge my parents through law about the property to be halted (from sale to others or going to my family members) untill their maturity age that would of my doughter age 18-25.

If this is not the way to save our parents property what else can I do to for this……

 

Can some of the legal experts take it as a challange and show me a solution and guide me with this regards...

Requesting your valuable and promt and fast solution to be implimented from legal experts



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     23 September 2014

Your case is weak.  You have no right to file partition suit, since it is self acquired property of your father and once it is registered in your mother's name, it has become own property of your mother. However, there is slight hope. If you still want more detailed opinion on this aspect you can call me 7893011777 or ravinder2345@gmail.com.

Kumar Doab (FIN)     23 September 2014

The owner of self acquired property can give it away in his/her life time in any manner to any one.

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

You have no rights in your parent's self acquired property, thereby your daughter also cannot claim any right over it. Moreover since the property was purchased by your father on your mother's name, it becomes a property in the hands of a woman. She has absolute rights over it and she can dispose it in any manner she desires so, you neither can halt nor take a stay order. Sit and talk among yourselves and arrive at an amicable solution.

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