Civil Procedure Code (CPC)

40 years later can any of the relative claim for a property

This query is : Resolved 
 

(Querist)
23 September 2009

thanks for ur suggestion MR. MANISH SINGH AND MR. RAJEEV VADRALI,
i would like clear some point,at the time of partition in r family my father was unmarried.even if my father transfered the property to my grandfather, the title remained on my fathers name untile he died, after that in the presence of of my grandfather the title came on r name. my grandfather new this fact. he never claimed for the property untile he died. there were some other properties on his name which v were never aware of. we didnt get a share of other properties which my relatives possesed.
thank u sir.
riven


Manish Singh (Expert)
23 September 2009

you are stating the fact that "my father diclaired the first part as an ancestral property as there was dispute in the court and transfered it to his father on blank paper, my father died and the title got transfered to me,my mother, my younger sister" ....so when ur father transferred the land to your grndfather and since your grandfather is still alive, why it got transferred to your names infact t should have been transferred to your grandfather's name at the time of transfer deed. the query is ambigous.. please clarify..
Another thing is that whatever property is on your grandfather's name shall be treated as ancestral to your uncle also so he can claim it after your grandfather's death. also, since the first two properties are on the name of your grandfather, he can do whatever he wishes to pertaining to that properties like sell, bequeath to somebody etc..riven

adv. rajeev ( rajoo )Online (Expert)
23 September 2009

Ur uncle & ant's cannot claim the share in ur father's property, which was self earned by him. For the self earned property of ur father u, ur mother and sisters are only entittle.riven

Sarvesh Kumar Sharma Advocate (Expert)
23 September 2009

yes they can't claim the share in ur father's property.riven

Raj Kumar MakkadOnline (Expert)
23 September 2009

Ancestral property cannot transfer in the names of his legal heirs during one's life time. When your grandfather is still alive even after the death of your father, no question arises transfer of any ancestral immovable property in yours names. so far self acquired property is concerned, one can transfer it in the name of any person/institution/organization etc. as per his whims and wishes during his life time and if no such transfer made by him during his life time obviously the same shall vest in his legal heirs as in the present case. So no question arises having any ancestral property existing in the name of your father or uncle as their father is still alive.riven

Adinath@Avinash PatilOnline (Expert)
23 September 2009

Manish is right I agree with himriven

Manish Singh (Expert)
28 September 2009

whatever property is on ur father's name an d then transferred on ur name can not be claimed by ur uncle.. so dnt worry.. snce it never gt transferred to ur grandpa at any point of time.



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