Ownership
Birdy Delhi
(Querist) 12 November 2014
This query is : Resolved
“A” owned a piece of land which got acquired by Govt. He was offered a compensation and alternative plot. ‘A’ had 5 children. Once ‘A’ got the allotment he requested the authorities to transfer the allotted plot to his elder son ‘B’. And it was accepted by the authorities and the lease dead was made in the name of ‘B’ in the lifetime of ‘A’. Later ‘B’ got the conveyance deed executed and registered by authorities. Now ‘B’ died
Q1. Is the alternative property ancestral/ coparcenary property?
Q2. Is will made by ‘B’ for the said property valid?
Q3. Will this property be ancestral in hands of grand children of ‘A’?
Dr J C Vashista
(Expert) 13 November 2014
Is it not a hypothetical academic query?
Rajendra K Goyal
(Expert) 13 November 2014
The property would be treated self acquired in the hands of B. Any will from B for this plot would be valid.
ajay sethi
(Expert) 13 November 2014
it is not ancestral property in the hands of grand children of A
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
Well advised by experts, it is not an ancestral property. It becomes a self acquired property of B hence if a Will was executed by B during his life time, it can be held as legally valid document.
Birdy Delhi
(Querist) 15 September 2016
Thanks for your reply and believe me it is a big relief to me hearing the comments given above.
@ Dr. J C Vashista- Sir No this is not a hypothetical academic query.
Now I request your good selves to please share few cases/ court decisions/ citations which I can go through
Dr J C Vashista
(Expert) 16 September 2016
1. It is self-acquired property of "B" and lost the character of ancestral on transfer of allotment letter.
However, the plot of "A" was on lease and it was passed on (transferred) to "B" how the authority DDA/L&D/Gram Sabha etc. can get it registered as "Conveyance Deed" till it has been converted from leasehold to freehold ?
2. "B" is competent to bequeath it through his will.
3. It is not ancestral.
Even now I find the query as hypothetical.
Guest
(Expert) 16 September 2016
Very well advised.
Birdy Delhi
(Querist) 16 September 2016
@ Dr. J C Vashista - Sir thanks for your reply, Yes you are correct that The property was first converted to Freehold from Leasehold and then Conveyance Deed was done and registered.
Sir again this is not Hypothetical....I am going through the trial and I have to prove the property is not ancestral in the hands of "B' and the will done by him in my favor is valid. This is a reason I asked for any citations or similar court decisions so that I can plan accordingly. Thanks for the help.
Guest
(Expert) 16 September 2016
Hi Birdy,
Assumption of Dr. J C Vashista about academic query is not wrong, as the nature of your query very clearly suggests so.
If it is your real case, you were not required to use A,B, etc. You could have discussed your problem straight away in your own name with proper linkages.
Even your present clarification does not reveal, what was your relation with A or B and who are fighting case with you in the name of ancestral property.
Moreover, if you are fighting the case, finding appropriate citations is the problem of your own lawyer. Let him do his own home work.
Still further, how any expert can predict, which of the hundreds of citations can appropriately fit to your case without their examination of your case?
Dr J C Vashista
(Expert) 16 September 2016
Dear Dhingra ji,
The author is well aware about the rules that we do not provide any citations and reply hypothetical or academic query even than he is emphasizing (time and again)for citation/decision of similar type of case(s).
Queriest of this nature require FREE SERVICE of experts despite on going case(s)availing professional service of a lawyer.
Warm Regards
@ Birdy
What is your lawyer doing, if you are stressing upon the experts (on this site) for judgments?
What for you have engaged/paid fees to him/her?
Guest
(Expert) 16 September 2016
Vashista ji,
I doubt, if his query pertains to any real problem. Citations are asked by students to solve their law school exercises, not the litigants themselves. Being their own job, the lawyers also do not ask their clients to bring citations.
Birdy Delhi
(Querist) 17 September 2016
Hello All, I am again stressing on that I am not a law student I am a lay man, a litigant, a defendant in a case. I think my Lawyer would be doing his job but I am doing it as my own preparations. so that I am equipped accordingly. So requested people here to help. If it is possible please do let me know any orders. If not I still thank you all for your comments/ replies.
Birdy Delhi
(Querist) 17 September 2016
Sir as asked:
I am Grand son of 'A', Son of 'B'.
One of the 4 children of 'B'. My siblings have asked for the partition of the property stating that:
1. It is ancestral property, so will cannot be done.
2. Will done by 'B' is not valid rather fabricated by me.
Guest
(Expert) 17 September 2016
Mr. Birdy,
What you have said, "Once ‘A’ got the allotment he requested the authorities to transfer the allotted plot to his elder son ‘B’," that is doubtful, as if land of your grandfather is acquired, the authorities don't enjoy any power to allot alternative piece of land to some one else other than the lamd owner, i.e., your grand father, merely on a request by your grandfather.
Can you please clarify how that happened?
Your other questions re secondary to the isue unless the title of 'B' (your father) is considered to be lawfully clear.
Dr J C Vashista
(Expert) 18 September 2016
If so, show the documents qua title.
If you have already filed a suit for partition as asked by your children, what is the opinion and advise of your lawyer?
What for do you want a second opinion of experts on this site; except the fact that it is available FREE OF COST consequently misuse and abuse.
I am residing and practicing in Delhi Courts along with thousands others, you may contact personally, if you feel so.
Dr J C Vashista
(Expert) 18 September 2016
Please stop this unending thread, you have adequately been advised by experts, proceed accordingly after closing this debate.
Guest
(Expert) 18 September 2016
Mr. Birdy,
In fact, I am of the opinion that either you are not stating the real facts of the cas, or you have carved a hypothetical story by adapting an academic query.
If it is real problem, you don't seem to have narratted properly to make some sense. So, you may better show your documents to some capable lawyer and get his opinion, guide or advice as me may be feasible.
