Procedure
nidhi
(Querist) 26 September 2016
This query is : Resolved
I have got contested divorce from my Ex- husband,custody of the minor son is with me. During cross-examination of my ex-husband he admitted that his father's property is a ancestral property and he will get his share from it in future.
The detail of the property is as follows:-
A lease hold property (house) was purchased by my grand father-in-law in 1960’s at new Delhi. He died in 1982 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for conversion of property into freehold after their sisters and mother relinquished their rights. The property was then converted into freehold and Conveyance-Deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.
1.Now Can I file partition suit for my minor son's rights in the above said property.
2. Since my husband has admitted the property to be ancestral.
3. I have apprehension that till my child gets major, my ex-inlaws would sell that property.
Guest
(Expert) 26 September 2016
There is a lot of difference between admission and reality.
I can well guess, your question is purely of an academic nature, as has been carved out cleverly to get answer, whether the property is an ancestral property or not.
By the way, if there is any truth in your story, can you please clarify, in what context the question arose about the property in your divorce and child custody case?
Another question arises, did not your husband tell the court that the property belonged to his grandfather?
Raj Kumar Makkad
(Expert) 26 September 2016
Your son cannot get the ancestral property partitioned during the life time of his father though he is having his share in that property.
adv.bharat @ PUNE
(Expert) 26 September 2016
Author need to explain the query raised by expert.
adv.bharat @ PUNE
(Expert) 26 September 2016
Author need to explain the query raised by expert.
Raj Kumar Makkad
(Expert) 26 September 2016
Respected Bharat Sir! No explanation has been sought by me from the author. Kindly read the earlier replies if you want to concur it so as to maintain seriousness of layman towards the experts.
Guest
(Expert) 26 September 2016
Makkad ji,
Two queries have been raised by me, as I do not prefer to impart tutorial or suggest any solution on a query, unless author convinces that his/her query is a genuine problem.
Rajendra K Goyal
(Expert) 26 September 2016
1. The property after partition gets status of self acquired, no longer ancestral. Son can not file partition suit for the above said property till his father is alive.
2. His admission does not change the status of property.
3. They can sell / gift / mortgage / bequeath a will for their share in the property, you have no claim till father expires intestate.
nidhi
(Querist) 26 September 2016
Actually my husband is doing business from that property. In order to, at least bring on record that my ex-husband has a right/share in a property. I asked questions relating to property in cross-examination of my husband in divorce case. With a intention to deprive my minor son's right in that property, he might say he has no property.
cherukuri prasad
(Expert) 26 September 2016
Yes. You can file partition suit for your child
nidhi
(Querist) 26 September 2016
Actually my husband is doing business from that property. In order to, at least bring on record that my ex-husband has a right/share in a property. I asked questions relating to property in cross-examination of my husband in divorce case. With a intention to deprive my minor son's right in that property, he might say he has no property.
Guest
(Expert) 26 September 2016
Your reply is quite unconvincing.
By the way, what is your reply to my 2nd question?
nidhi
(Querist) 26 September 2016
My husband mention in his affidavit that property purchased by his grandfather.
Guest
(Expert) 26 September 2016
If your husband mentioned in his affidavit that property was purchased by his grandfather, from where the concept of ancestral property arose?
Also, my main question still remains unanswered, as "in what context the question arose about the property in your divorce and child custody case?"
Rajendra K Goyal
(Expert) 26 September 2016
Property was portioned after purchase by grand father.
P. Venu
(Expert) 26 September 2016
You had raised the same query earlier and many of the experts had posted their considered opinion that the property in not ancestral.
Raj Kumar Makkad
(Expert) 26 September 2016
Even if the grand-father of your son was holding that property being a joint-holder even then your son cannot get it right now. who knows that his father shall not dispose off the same during his life time or shall not make a will which shall be entirely legal.
Even if you put question in pending proceeding while your husband appears in witness box, nothing beneficial can come out qua the mentioned property.
Raj Kumar Makkad
(Expert) 26 September 2016
Respected Dhingra Sir!
I have no objection if an expert do not reply a query until he get satisfied with the facts or replies in his own way.
Sometimes when an experts gets quoting of another then it seems to intervene and only due to that I had made my comments as shown above without having any ill-will against any of the experts.
Guest
(Expert) 27 September 2016
Your sweet will!.
However, there was no question of intervention. I just clarified on your post addressed to Adv. Bharat that the questions belonged to me, not to Adv. Bharat.
Raj Kumar Makkad
(Expert) 28 September 2016
@Dhingra Sir! Thanks a lot for correcting me.
Guest
(Expert) 28 September 2016
You are welcome, Makkad ji.
