Self acquired property after sale challenged by daughter in law claiming the same ancestral .
MURLI DHAR ARORA
(Querist) 10 October 2015
This query is : Resolved
Can you guide me in the matter delineated below:
My grand mother acquired a dwelling house owned by her husband (my grand father) through “Will” after death of her husband. My grand mother in her life time in consequence of family settlement gave 1/2 share of the property already in possession of her elder Son (my father) and 1/2 share of the property already in possession of her younger Son (my Uncle) through consented decree by the Court. My father in his life time sold his dwelling house( so acquired from his mother). We are three brothers, all living separately. I am elder one. Brother next to me had married to a already divorced women (not arranged by family) and he was living separately.They are in dispute with each other. divorced petition filed by my brother stands dismissed. Dispute for maintenance raised by his wife (daughter in law of my father) is going on. She had requested the court to attach the property of her father-in-law (my father) in domestic violence case, but the court had ordered that if her husband (my brother) own any property in his name, she has right to reside or in alternative he will give Rs. 1500/- per month for accommodation on rent. Mean while my father sold hos property acquired as above. But she (my brother’s wife – daughter-in-law of my father) filed civil suit in the court challenging the sale of the house by my father claiming her share and stating that maintenance amount is due to her husband (my brother) during life time of my father. He made party to my father, purchaser of the house and her husband (my brother). The suit is going on. Earlier it was being defended by my father and the purchaser. However, my brother is not defending the case. He some time give her maintenance and some time note. Due to this he was put in jail also. But so far the litigation against the sale of house by my father is concerned, he is in connivance with her. Meanwhile, in April 2014 my father has expired. Now the suit is at the argument stage and we two brothers (now) and one her husband already made party (exparte) and my mother and my two sister have been made party to the suit, which she had filed in the life time of my father. She is claiming it as ancestral property, which has been acquired as above my father from mother during her life time in family settlement and through consented decree in the court. I understand that property being divided in family settlement and consented decree during life time of my grandmother is self acquired property of my father and he sold it during his life time. He was competent to sale the same. He spent the proceeds in liquidating the debts and for his treatment, etc. We two brothers living separately have no objection.
In view of the above please guide us regarding the arguments to be advanced by our Advocate on our behalf.
Guest
(Expert) 10 October 2015
Mr. Murlidhar,
Your request, "please guide us regarding the arguments to be advanced by our Advocate on our behalf," is quite uncalled for.
Moreover, is not it surprising that you want guidance without discussing any detail of trial proceedings?
You should not have expected the experts to do home work of your own lawyer, who would have been paid his fee by you or your family members.
So, let your lawyer prepare his arguments first and only then you should seek suggestions from the experts here on such arguments by submitting brief of the trial proceedings.
Kumar Doab
(Expert) 10 October 2015
The proceedings and documents on record may be shown to an able counsel for second opinion that you want.
Rajendra K Goyal
(Expert) 10 October 2015
Full case file need to be referred, discuss with your lawyer / another local lawyer after showing full case file for second opinion / guidance.
Anirudh
(Expert) 10 October 2015
The property in question is not an ANCESTRAL property.
Advocate Bhartesh goyal
(Expert) 11 October 2015
Agree with expert Mr Anirudh.Questioned property is not an ancestral.
