Family property partition
rahulkumar
(Querist) 02 February 2015
This query is : Resolved
Hello Experts
Please need your advice.
we are Hindus.my father acquired properties in inheritance from grand father.we are two brothers to our parents.
I am eldest and living in US for last 7 years and contributed lot of money towards development of properties. I married my choice who is christian. now my father and brother conspiring not to give any share in properties. How can i fight for my right and justice.
Rahul
Anirudh
(Expert) 02 February 2015
Dear Mr. Rahul,
Take it, unless the property is in your individual name, you have no basis for fighting.
As the property is in the name of your father (he is the absolute owner of it, yes inheriting the same by him from your grandfather does not change this position a wee bit) and he can do whatever that he likes to do with it. Nobody can question it. No one else has any share in it during his life time. IT IS ONLY WHEN HE EXPIRES, THAT TOO WITHOUT DISPOSING THE PROPERTY - EITHER BY WAY OF WILL OR BY WAY OF GIFT OR SALE etc. - then and only then you will get a right to inherit a share in it. Otherwise not.
Therefore, if you have funds to spare, better try to build your own nest instead of feathering the nest of others.
rahulkumar
(Querist) 02 February 2015
Thanks Anirudh.
Properties are still on my grandfathers name, but as per the will written by grandfather my father became owner. Still i cannot do anything.
Rahul
Anirudh
(Expert) 02 February 2015
Yes, your understanding is correct.
Dr J C Vashista
(Expert) 02 February 2015
There are two different versions of the query, i.e., initially author states it is "inherited property" in the name of his father and on the other hand he states "properties are still on my grandfather's name" who has executed will in favour of his father and "my father became the owner". Hence it can not be ascertained from the statements made hereinabove to conclude that the property is "self-acquired" or "inherited"in the hands of father of the author.
rahulkumar
(Querist) 02 February 2015
Thanks Vashista Sir,
Sorry for confusing and please bear my poor knowledge in law.
Let me give detailed details. Through will my father got 2 properties , based on that will we got permission from town planning and constructed those properties for commercial use which yielding huge rents. major contribution from me as i am working in US and all these disputes started when i married 2 yrs back.
In my knowledge my father never went registrar office to make properties in his name. i have all transaction details when i sent money to India. All i did to my family out of love and give them comfortable life, it pains a lot when i think about all these.
ajay sethi
(Expert) 02 February 2015
agree with MR Anirudh . you dont have any share in properties standing in your grand father / father name
Rajendra K Goyal
(Expert) 02 February 2015
Your father is owner of the property received through will, acquired / developed by him by your funds or otherwise. He can sell / gift/ will / mortgage it at his will. You can claim share only if he expires intestate.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
You cannot claim a right or share in the property that is vested on your father, I agree to the views of the experts above. However, in your last post you have stated to have evidence for funding the development of the property, you can send a notice claiming share in the revenue derived from the properties developed out of your funds too, or even can claim a share in the properties in lieu of the share in revenue for all these years, but this is a tricky issue which have to be handled in a roper way or else it may even backfire.
c.p.s. ramachary
(Expert) 05 February 2015
Be careful in putting the facts correctly for which your legal knowledge is not required. This has caused cofusion. Whether the property is self acquired property of your grand father or he also inherited the property from his parents is not clear from your version. If it is self acquired property of your grand father, then he was competent to bequeath the property to your father otherwise he cannot do so.
If you give correct version of facts,you may get appropriate solution.
Dr J C Vashista
(Expert) 07 February 2015
Since the properties are self-acquired and you have (or not) invested for its development, the title (ownership) is absolute with your father who may dispose it as he desire, you have no right, title, interest or claim.
malipeddi jaggarao
(Expert) 10 February 2015
As your father got the property by Will from his father, it is treated as self-acquired property and he is free to do whatever he wishes. But as regards investment in development of property, follow the advice given by the expert Mr.Kalaiselvan. Wait for some more time, the heat will cool down and you and your wife will be members of the family again. Keep contact with your father.
