Self acquired property of my grand father
V Gupta
(Querist) 25 August 2016
This query is : Resolved
A self acquired property of my grand father who died leaving behind 4 daughters and 7 sons out of 7 sons 1 died before him. Son who died before my grand father has 4 childern who are not letting others in family to dispose the property. Can my father file an injunction suit against them? What can they do after my father files a suit? My grand father had never made any will.
V Gupta
(Querist) 25 August 2016
Get me an idea
Guest
(Expert) 25 August 2016
Why not? Anyone can file a suit for injunction. But, filing a suit and getting injunction are two different things. The proposed suit is not likely to succeed. Being legal heirs of their deceased father, they cannot be divested of their due share.
Kappil Cchandna
(Expert) 25 August 2016
Sir,
File partition.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 25 August 2016
The query bis also posted at:
http://www.lawyersclubindia.com/forum/Self-acquired-property-of-my-grand-father-141337.asp
Rajendra K Goyal
(Expert) 25 August 2016
Any holder of the property can dispose off his undivided share in the property. Can divide the property through amicable settlement or court.
Ms.Usha Kapoor
(Expert) 26 August 2016
If your mother survived your father each of you and11 children would get 1/12 th share. /deceased son's children would get 1/12 th share. !/12*1/4=1/48. so each of the predeceased son's children would get 1/48 th share out of your grand father's property
They may file suit for partition. Injunction suit also is maintainable. ..
Raj Kumar Makkad
(Expert) 26 August 2016
Mr. Gupta! Though you are expected to confine to the original thread of your query so as to get the opinion of experts as one place but as I have no replied your earlier query hence I submit my reply as under:
Any co-sharer/joint-holder is free to sale his/her undivided share without consent of other but cannot sale more than his/her own share. In your case, the property being joint and being having the share of your deceased uncle through his legal heirs, cannot be forced to sale their share/ If all other legal heirs of your deceased grand-father are agree then they can sale only their shares. Even undivided property cannot be sold.
Guest
(Expert) 26 August 2016
In nutshell, your father can dispose of his share of property but not of the legal; heirs of his deceased brother.
Kumar Doab
(Expert) 26 August 2016
As posted in other thread;
Sale of share of anyone to other Co-sharers thus without any alienation to the property.
In case of undivided property it can be one of the options.
V Gupta
(Querist) 27 August 2016
My father wants to dispose the property and ready to share the sales proceeds with all including with children of his deceased brother. The problem is they do not want the property to be sold. They have rented the property without consent of others. How should we proceed?
P. Venu
(Expert) 27 August 2016
The additional information confuses the query. How they have rented out the property! it appears that you have not disclosed the complete facts.
Guest
(Expert) 27 August 2016
Venu ji,
Everything is possible in an academic query. The author may bring in more supplementary questions to solve his actial academic query.
Guest
(Expert) 27 August 2016
Mr. V.Gupta,
Do you want to convey that the four sons of the deceased brother of your father (with merely 1/11th share) were able to rent out the whole property, while the ten other legal heirs, with 10/11 shares, ued to remain silent spectators to that event? HOW THAT COULD BE POSSIBLE?
V Gupta
(Querist) 27 August 2016
Mr. Dhingra that is actually the problem you can understand we are a big family and all are settled in different cities. Its only my deceased uncles children are frequently visiting that place. They were the last to reside in that property. This is a real query and not an acedemic one.
Kumar Doab
(Expert) 27 August 2016
Some of the options have been suggested in this and other threads.
If you are aggrieved then you need to act. A very able counsel can suggest further after due examination of all docs on record and inputs.
Guest
(Expert) 28 August 2016
If that is the problem, that is the big problem for your big family. In that case, your casual queries may not get appropriate solution to your problem. Must consult a capable lawyer without any delay. Get a legal notice served to the four sons of the deceased heir, as well as the tenant, who occupied the property on rental basis.
If not, your family may keep to be a silent spectator, as ever, whatever happens in the family.
However, as per my views, your query is nothing except an academic question and not a real problem. Irrespective of whatever you have tried to clarify, that is futile being an after thought, as you did not make any mention in your original query. You simply stated, "Son who died before my grand father has 4 childern who are not letting others in family to dispose the property. Can my father file an injunction suit against them? What can they do after my father files a suit?"
So, from where the idea of renting of the property cropped up now, if not afterthought?
Also, how the members can predict what they can do after your father file a suit? They are not astrologers. However, As of guess only, either they will fight the case or may try to harm your family by other means.
Kumar Doab
(Expert) 28 August 2016
The author had heart full discussions in both threads.
Now approach a very able counsel and proceed further in situation as it may be.
Rajendra K Goyal
(Expert) 03 September 2016
Yes agree, the author need to approach and discuss in detail with some experienced lawyer.
Kumar Doab
(Expert) 03 September 2016
Approach a very able counsel and proceed further in situation as it may be.
