Procedure
Deepak
(Querist) 26 August 2016
This query is : Resolved
My grand father-purchased a lease hold property (House) in 1968 at new Delhi. He died in 1988 without leaving any will. My grandfather- left behind two sons & two daughters. In 1996 my father and his brother applied for conversion of property into freehold and mutation after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father and his brother.In 2000 my father and his brother partitioned that property and got partition deed registered at registrar. We are hindu by religion and my father want to give this property to my elder brother. I was major at the time of partition.
My query :-
1. Kindly tell me if I have any right in that property being his son
2. CAN I ASK FOR MY SHARE IN THAT PROPERTY.
3. Can file partition suit on my father.
P. Venu
(Expert) 27 August 2016
The property belongs to your father which he can dispose as he wish; you have no rights vested in the property during his life time.
Deepak
(Querist) 27 August 2016
Sir, I was major at the time of partition.
Guest
(Expert) 28 August 2016
Mr. Deepak,
No is the common answer for all the three of your queries. There is no difference whether you were major or minor at the time of prtition.
Mr. Venu has rightly advised you.
Raj Kumar Makkad
(Expert) 28 August 2016
1. No during lifetime of your father.
2. No during life time of your father.
3. No. It is not maintainable.
After giving replies to your queries serial-wise, I further suggest to serve and win the blessings of your father instead of demanding his personal properties. If he is pleased then he may also provide you some share out of that otherwise non can get partitioned his blessings.
Guest
(Expert) 29 August 2016
Mr. Deepak,
Your query, "Can file partition suit on my father," was quite strange. Personally, I could not think that you would have been so thankless to your father to think about suing your father, who brought you up to maturity and capability of standing on your feet in your life. You could better have thought about your responsibilities towards your aging parents, rather than thinking to bring discomforts and problems in their lives by suing them.
The question arises, why you are in such a haste to grab property from him, while you aautomatically become entitled to get your share of property after his demise?
