manoj kumar (BPO) 08 July 2015

Property cliam

Hi Sir,
i am manoj and my father name Ram sawroop(alive). and mother (siya)(alive). so, we have 3-borther.and
1st-elder brother was died on 25th jan, 2015 due to kidney problem.his treatment was in Ganga ram hospital, delhi. he was govt. employee as JEE in civil Dept and he has one son(18)yrs and wife.
2nd -brother has prvit. job in civil engginer.and married
3rd i am private job.
my father has self earned property.(100sqq.m (GPA registred)) and he is "gift deed" to 2 sons(2nd and 3rd number sons).it is 100 sq.m ground floor and 1st floor built. and 1 more property(50sq. ft) has named on my mother is self earned by father.(GPA registred).2 -floor built.
my query is :: 1st--Grand-son(18yrs) can claim on that porperty. 2nd -- bhabhi grab home and she lived with her son and her father and mother in ground floor and locked one room on the 1st floor also. she tell no come in that house(100 sq.m) i, father and mother live outside another house(50sq.m)and 2nd number brother live on 1st floor(100 sq.m). and also told to him go outside ..form house.
my father and mother become very hate with her and son....
bhabhi has apply for pension nearlly $40,000/monthly and sone will get govt. job..
please reply to me...

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7 Replies

Jayashree Hariharan (Advocate) 08 July 2015

Was the gift deed done after your brother's death or before that?

1 Like

Advocate Ravinder (Advocate/Attorney) 08 July 2015

Since your father has given gift deed to 2nd and 3rd sons’ family, they have right over it. Your grand son cannot claim the property.

Regarding 50 sq m land your mother has exclusive right. Nobody can question the same. Your mother can evict anybody who are occupying her property. Your mother can file a civil case against the son who is occupying her 50 sq m. property.

For further doubts contact my email.

dr g balakrishnan (advocate/counsel supreme court) 08 July 2015

issue hereis self earned property of your fathe. yr father is alive. whether he gave an irrevocable gift f property, to any.?

if not irrevocable,he can revoke it also.

if yr 1st brother now dead stayed in that property more than 12 years, if not roperty still is your father's property only.

if more than 12 years yr brother stayed and if they possess any documentary evidence they might proceed under adverse possession law.

hope u got

saravanan s (legal advisor) 08 July 2015

assuming that the gift had been done on your first and second sons name --- if it is clearily specified that the first floor belongs to the second son in the gift deed then the son or the wife of the first son cant lay any claim and if she locks some room on the first floor then it is illegal and she cant ask the second sons family to move away as they are the rightful owners.lodge a complaint with the police to break open the lock.obtain an injunction in the court over the first sons wife and children from entering your house

Kumar Doab (FIN) 08 July 2015

The proerty is self acquired. Out of which NO gift is made to 1st Son or 1st Son's wife/son.

Thus have no legitimate right on self acquired proeprty of your father/mother.

The wife of deceased 1st brother can prey for residence but can not forcible occupy any part of the proeprty.

Does the GPA with father/mother award rights to GIFT?

Consult a local lawyer dealing in property/family/revenue/civil matters with all docs on record..

Sudhir Kumar, Advocate (Advocate) 09 July 2015

"my father and mother become very hate with her and son....
bhabhi has apply for pension nearlly $40,000/monthly and sone will get govt. job."

nothing new for a widow to be hated and all staps taken to deprive her of shelter.

Mere mention of professions of brothers (not relevant in property matter) indicates a jealosy with late brother being Govt employee

you have to come tue with the facts.

If your brother was JE his salary could not been aro9und Rs 50000/- (including everything) adn penfamily pension may be within 7 - 15 thousand (depending on last pay drawn and length opf service) how can you imaging $ 40,000 to be pension of the widow.

anyway useful advis ecan be given only with all papers are seen and property is inspected. Meet a local lawyer.

Biswanath Roy (Advocate) 09 July 2015

From the given facts it transpires that the author does not want to give any share of his father's and mother's immovable property to his widow Bhabi and her son and he lacks his sympathy upon them although factually they are the decendants of his late elder brother from the same womb.

Be that whatever the intention behind it widow Bhabi and her son have right to use and occupy their portion of the property which they are continuously and uninterruptedly enjoing more than 12 years.