Property case- tamilnadu
Querist :
Anonymous
(Querist) 20 October 2011
This query is : Resolved
Property Case- Tamilnadu : (My Grandfather Assets ) My father have one son and two daughters . Both sisters married . at the time marriage we paid money and jewelry. Now they file against case my self and my father asking land share. (Both are married before 2005) . pls guide line. We will give share or not. (Father –son- 2 daughters- 4 member) we have already two joint property without mu sisters signature , for their marriage. (2005 & 2003)
Respected Sir.
(1) On what basis you say that the property is "ancestral". (Is it on the basis that it was received by your father from your grand father or is there any other reason?) From Grand father
(2) Whether the property was self-acquired by your grand father or he also received it from his father etc.? self-acquired
(3) When did your grand father die? 1988 & grandmother 2002
(4) Whether there are other brothers and sisters to your father? ( 2 (one died )+ Sister 2 (1 died)
(5) Upon the death of your grand father, whether your father's brothers and sisters got their share in the property left behind by your grand father? Oral Partition by Grandfather
(6) Whether your father is alive? Yes
(7) Whether the property in the hands of your father was partitioned? No (Received from My grand father before dead of grandfather)
(8) When did your father partition the property? 1988
(9) Who all got share in the said partition. My father Share
(10) when did each of your sisters get married? 21.03.1999 & 09.09.2002
This Property is land now a day’s its high value , at time sisters marriage it lower value compared to their Sheridan. Now file case against my father & myself. One point the Patta has two number 1730 2 A & 2 B, 14 A is another party land ( 45 cent ) 2 B only our father Share, But they suit file for 2A & 2B
2A is my fathers elder brothers share , bur he sold to another party.
Please provide Valuable guide line
Dear Mr. Lingam,
Since the property was your grand-father's self-acquired property and was given to your father during his life time, the property in the hands of your father is his self-acquired property and NOT "ancestral property".
I HOPE THE PROPERTY IS STILL IN YOUR FATHER'S NAME.
Your father is the absolute owner of the property. Nobody (including you, and your sisters and your mother etc.) has any right to claim any share in the said property, during the life time of your father.
Being the absolute owner of the property, your father can do anything with the said property. In other words, he can give away the property by way of GIFT to anybody (it may be to you) or he can give by way of WILL, or he may sell it off, or he may give it to any temple or trust etc. That is to say, he can do anything with the property and nobody can claim any share / right in the said property.
However, if your father does not dispose of the property either by way of GIFT, or WILL or Sale, then after his life time, the property will go by way of inheritance EQUALLY amongst all his legal heirs. His legal heirs would be his mother, his widow (i.e. your mother), his son(s) and daughter(s).
YOUR SISTERS CANNOT CLAIM ANY SHARE FROM THE PROPERTY AND EVEN IF THEY GO TO COURT, THEY CANNOT WIN.
. The assets my grandfather name , but local tax paid my father’s name. ( the assets came from oral partition of my grand father life time.
2. My sisters file suit against this property on 24.08.2011.
3. My question my father and my self sell to another party possible. My fathers brothers sons and daughters (total 5s +4D are supported to us) opposite my sisters 2 nos my mother .
Dear Mr. Lingam,
Please try to understand.
I have already given my views that (i) the property is the personal property of your father and (ii) your sisters have no right to claim any share from the same.
But as regards whether your father (or father + you) can sell the property - my answer is no, since the property is not in your father's name (according to you the property is still in the name of your grand father).
Just think. For example, if a property is in your name, can i sell it? I cannot, because the property is not in my name. Similarly, when the property is not in your father's name (but in the name of your grand father) how can your father sell the same. Therefore, first, your father has to take steps to get the property changed into his name. Only thereafter he can sell the property. For this, you have to consult your local lawyer.
I need help
Respected Sir,
In this case Current Status
1. My grandfather purchased land from one party, that registration documents are lost. ( before 36 years land purchased year)
2. “Encumbrance Certificates” had applied up to 40 years, but the officials told that documents are damaged, no words in those documents.
3. But the patta is in the name of my grandfather.(patta available)
4. That land previous owner dead, but his wife is alive
5. The land still in my grandfather name , so transfer to my father name flowing questions arises Pls provide guide line
a. At the time transfer to my father name previous registration documents are needed?
b. How can I decide its self acquired property of my grandfather? My sisters suit purpose (My sisters suit purpose)
c. In this situation transfer to my father name possible? It’s valid?
Kinky I request you to provide for your valuable guide line.
Thanks with
Lingam M
M.Sheik Mohammed Ali
(Expert) 20 October 2011
if ancestral property the female legal heirs having rights to share of the ancestral property.
prabhakar singh
(Expert) 20 October 2011
1. My grandfather purchased land from one party, that registration documents are lost. ( before 36 years land purchased year)
TO YOUR THIS QUESTION MY REPLY IS AS THE PROPERTY WAS PURCHASED BY YOUR GRAND FATHER 36 YEARS AGO IT WAS HIS PROPERTY NOT ANCESTRAL AND IT CAME IN THE HANDS OF YOUR FATHER AS HIS PERSONAL PROPERTY IN WHICH NEITHER SONS NOR DAUGHTERS OF YOUR FATHER HAVE ANY COPARCENARY INTEREST AND YOUR FATHER ALONE IS ABSOLUTE AND EXCLUSIVE OWNER OF IT AND CAN SALE OR GIFT OR TO ANY BODY OF HIS CHOICE IN WHICH LEGALLY NEITHER HIS SON NOR HIS DAUGHTERS CAN CLAIM ANY SHARE OR CREATE ANY KIND OF INTERFERENCE IN HIS PERSONAL RIGHT OVER THIS PROPERTY.
[DOCUMENTS IF LOOSED THEN A COPY OF THAT MAY BE APPLIED FROM SUB REGISTRATION OFFICE,IF UNREGISTERED THEN MUTATION RECORDS MAY PROVE THAT IT WAS NEVER IN YOUR GREAT GRAND FATHERS NAME BUT WAS IN NAME OF OWNER FROM YOUR GRAND FATHER PURCHASED]
2]A VALID PROOF
3]ALSO A VALID PROOF
4]HIS WIFE MAY GIVE AFFIDAVIT AND ORALLY CONFIRM AS WITNESS.
a]&c]mutation in your fathers name can be applied just showing that your father is his son and has right to inherit his father property[your's grand father property]
b]because your grand father himself acquired this property from owner whose wife you say is alive,then it goes to prove that it is your grand father's self acquired property.
Had it been self acquired by your great grand father and then inherited by your grand father,then in hands of your father it could be called an ancestral property in which as per current position not only you but your sister could also claim share from
your father.BUT THAT IS NOT THE FACT OF YOUR CASE AS EXPLAINED HEREIN ABOVE.
So be happy nothing to worry,your sisters have no claim in this property nor even you.Only your father alone is the owner.
