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Discussion > Property Law > daughters claim on fathers self acquired property   Unanswered Threads Post New Topic

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There are 4 Replies to this message


santhusen8


MD
[ Scorecard : 78]
Posted On 09 May 2011 at 09:35 Report Abuse

MY GRAND FATHER purchased an AGRICULTURE LAND of 6 acres 20 cents IN 1949 , 1956, 1965
he died in 1984 inestate with out leaving any will ,
he has 2 son's and 3 daughters my first aunt the eldest followed by 2 sons and than two daughters
my fathers brother and one younger sister died in 2006 an 1994 respectively
my 1s aunt marriage was done by my grand father , remaining two aunts marriage was done by my grand father and father by selling our home and my fathers salary
my grand mother is still alive and staying in our grand father house in chennai which my father gave to his brother
now coming to the land after the death of my grand father in 1984 the property was transferred to my father fathers name in 1999 pass book was issued and name changes were done in adangal book at MRO office tax was being paid on my fahters name since than
now after the death of my fathers brother his children asked for share in agriculture land , which my father gave them this month
he divided the property equally between his brother childrens and himself
and we have registered the land one month back we did not take any relinquishment deed from my aunts but my grand mother has signed our shares


now they have come from no where and have registered half the land in their name and had sold the same to my first aunt husband

after 27 years of my grand father's death can they claim share in the fathers property , if they did not get their share why would they keep calm all this days and suddenly come now for the share, they know that we have given them lot of dowry at the time of marriage but still they have done this with out knowledge
is it the birth right of the women to claim father self acquired property , can they take it with out any one's sign , i mean my grand mother my father and my uncle

if they have rights they should ask us first and than go for partition suit but with out saying anything they have registered the land by bribing the subregistrar and sold the land for half the price

can we challenge the registration and wat is the time limit for my aunts to challenge for the property
one lawyer said it is three years after the death of my grand father , but one lawyer said they can claim at wat ever time they want ??
plz suggest

 

my grand mother is ready to support us , similarly my3rd  aunts MIL and FIL are ready to say that they have taken the share at the time of marriage ,, and second aunts MIL and FIL are ready to give a written statement

the land which they have registered is not partitioned , not surveyed , no sides were decided , just all my two aunts and 2nd aunts children signed the document 

one more thing after the death of my 2nd aunt , my father brought her children to my home and got them educated gave them food shelter and education now they are working as s/w engg's and just before this fight he gave 2 laks rupees for their marriage

 

plz suggest me



R.Ramachandran


Advocate
[ Scorecard : 16745]
Posted On 09 May 2011 at 11:35 Report Abuse

Dear Mr. Santhusen8,

All that has been done (both by you and by your aunts) are completely wrong.

1. Please understand, that the properties in question are your grand father's self-acquired property.  Since he did not leave any WILL/Gift Deed, the property, upon his death will get inherited equally by all his legal heirs viz., your grand mother, your father, your father's brother, your father's all three sisters.

2. Therefore, it is not clear how your father got the property registered in his name in the year 1999.  (This cannot at all be done, unless your grand mother, and other legal heirs give a registered relinquishment Deed in favour of your father.  You say that  "we did not take any relinquishment deed from my aunts".  Therefore such a registration in your father's name, without giving the property to others is not at all correct and legal.   You also asy that your grand mother has signed our shares.  At best, your grand mother can relinquish her share in the property in your favour, but she has no right to do so on behalf of her daughters.

3.  Your grand father spending money on the marriage of your aunts etc., will not count.  Similarly, your grand father also gave food and shelter to your father and your father's brother.  So what.  Those are all his duties.  The fact is, when your grand father died, he left some property.  He did not leave any WILL/Gift deed.  Therefore, the property has to go equally to all his legal heirs.  Your aunts can claim it at any point of time.  There is no time limit at all.  If any of the lawyer has said that they should ask for their share within 2 years or three years, then he is grossly misleading you.

4.  Now, you say that your aunt has sold some property (her share) to a third party.  This is illegal.  For she could not have sold the property without proper partition. She will not be able to say which portion she sold. 

5.  Giving dowry, performing the marriage etc., etc., will have no bearing on this matter.

6. Further more, the statement of MIL/FIL of your aunt's that they took the amount during marraige etc., will also not be of any help.  They are nobody to make such statements.  They have not been authorised by your Aunts to say so.  It is your aunt's who have to say and they are not saying so.  Therefore, you will not be able to get any benefit from the statement of the MIL/FIL of your Aunts.  Your Grandmother's support is also of no use.

7. The correct position for all of you to do is to now sit and first agree to partition the property amongst all the legal heirs of your grand father.  After such partition, get the partition deed registered.  Thereafter get the respective portion of the property duly mutated in each one's name.  Only thereafter, one can sell his portion and nor before it.



Total thanks : 1 times

santhusen8


MD
[ Scorecard : 78]
Posted On 09 May 2011 at 19:57 Report Abuse

Dear Ramachandra

thank you so much for the reply

1) the property is not registered in my fathers name in 1999 , being the head of family pass books were issued in my fathers name and later in april 2011 my fahter registered the land into his name and my cousins name

2) sir my grand father bought up my father as well as my aunts he gave food to all of the them
but married my aunts by giving them dowry , for dowry he sold his house in my home town for 50000 in 1980
and remaining money was given by my father

3) we have partition list which was made after the death of my grand father , and now we have registered the land accordingly
and they know that but beleiving my faher , my fathers brother did not ask for share in the property after his death his children came for share which my father gave them

4)  the above said property is in my our hand over , they can't come to the town to claim the land as every one in the town knows about the land and no one would allow them to use it
and we are planning to use the land to construct

5) we are ready to fight in the court till 15 years or 20 years , as we will be able to spend money on the court but they are not united to fight in the court they just want instant money after selling the land

6) Sir my father is ready to give public notice in leading new's paper so that no one would buy the land for cheap rate , so is it advicable to give public notice

7) sir after giving public notice my father wants to challenge in the court their false registration , wat will happen in the court will they cancel only their registration or is there any danger of our registration being cancelled 

8) they have bribed the registrar to get registration done they told us directly in compromise at that time i have video recorded their talks and even i have video recorded their acceptance of taking money for their share which they have accepted after my father spoke

9 ) i need sincere advice in this sir

i have met 4 leading lawyers in hyderabad , why are they not updated in the present laws , why they don't know the present benchmark judgements given in the supreme court
, which i have read in lawyers club forum and other judgements in internet

why are they misleading us that we will win the case easily , is it a professional secret that lawyers take money by finding out innocent people who have ego's again'st their own relatives


santhusen8


MD
[ Scorecard : 78]
Posted On 10 May 2011 at 16:14 Report Abuse

if any other advocate can reply please

thank you in advance


hemant panchal


IT
[ Scorecard : 22]
Posted On 05 September 2012 at 16:17 Report Abuse

My Wife's Father died a year back & now her 2 brothers have come to get some papers signed stating that she has

no  right  to claim  of  the  share  to  her  fathers's  property  ie  an  old  house  was  sold  which was in the name of  

her father &  uncle  & the share of the money of her father was divided between the sons. 

                                                  So i just want to inquire whether my wife can claim to the share of her father's property &

what will happen if she does not sign moreover the father has prepared the will in the sons name but we have yet to

see  the will & besides that why would they require my wife's signature if the will is in the sons name.

 

Pls reply at the earliest.



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