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UB lighting   05 February 2019

regurding property

hello sir ours is family business from last 15 / 16 years and we 3 brothers working from decade and our father has purchased few properties out of our business profits and now in our home lots of issues arising because he is with a prostitue lady and that lady is all wanted to take our property because of that i need tho change the ownership of that all property to our mother name so is there any way out to this problem


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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 February 2019

In whose did your father purchase the property? Are there any other properties including ancestral?  Where is the profperty situtated.  Your father may execute a Gift deed for the properties purchased by him in favour of your mother.  If there are ancestral properties your father and his children shall executed Gift deed in favour of your mother. 

UB lighting   06 February 2019

He registered all property by his name and there is no ancestral property sir. All property situted locally except agricultural land by legal terms he himself not going to gift property to my mother so there is any other way to this

UB lighting   06 February 2019

He registered all property by his name and there is no ancestral property sir. All property situted locally except agricultural land by legal terms he himself not going to gift property to my mother so there is any other way to this

kavksatyanarayana (subregistrar/supdt.(retired))     06 February 2019

As there is no ancestral property, it is his own property.  Now you and your brothers are working in the same business, it may be taken as joint fund and convince your father in an amicable way to Gift the property to your mother or to the three sons. 

Suhail suhail (LAWYER)     06 February 2019

Try to make a socail pressure upon your father to distribute the property among you.

Other way is only to file as suit for partition and thein you have chance to prove that the properties are purchased by joint bussiness. Meanwhile you can seek intereme diretion from the court for status quoa ,that shall restarian your father from selling or tensferring the prperties .You should also file a reciever application where he shall be accountable to the income received from the bussiness.

 

Shashi Dhara   06 February 2019

U file suit for partition in civil court and file application for not to alienate it until suit proceedings is finished.if u step to courts any how it takes 25yrs to decide.he will come to compromise if he contest it takes decades it is hard to prove in court whether it is ancestral or self acquired properties.court judgement will be astonishable even u could not guess.believe in court system. If u delay that lady will swallow everything .all u go to street.search advocate who files case amicable and to prolong it. If u goes on telling Hari Katherine u loose every thing. I think that Ur father has crossed 80yrs. He may write her all property and go straight to heaven or hell.u become suffererhurry to court.

UB lighting   06 February 2019

Thank you 3 of you sirs iam greatfull to you

Suhail suhail (LAWYER)     06 February 2019

You are welcome dear.

1 Like

G.L.N. Prasad (Retired employee.)     06 February 2019

Unless the property is divided in metes and bounds in between joint family members who are coparcenors, Karta can not alienate the property to some others subject to some limitations, and writing the property he is holding in trust for all co-parcenors, gifting to a stranger to the family is not within that limitation.

1 Like

P. Venu (Advocate)     07 February 2019

May be you are overreacting to the situation. Such proximity, even if true, need not result in the father making over the property to the other woman.

Of course, he can dispose of his self-earned property at his discretion, but not the properties purchased out of the profits of the business.

As such, in my considered opinion, there is no need to provoke the father or to precipitate any action in a pique.

Let us hope for the best.


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