Rights on Ancestral and Family Properties
kumar aaaa
(Querist) 03 April 2011
This query is : Resolved
Hi,
My name is Kumar and I want to know my rights on the properties mentioned below.
Property 1:
This property was originally purchased by my Grand Mother through a registered sale deed in 1961.
Later my Grand Mother equally divided and gifted this to my Father and his younger brother through a registered Gift deed in 2004.
My Father has 2 sons (Myself and my elder brother). My Father Gifted his portion to my elder brother through a registered Gift deed without informing me in 2010.I have not agreed and have not signed to this Gift deed given to my brother.
This is a commercial property and my father and my brother are looking after a shop in this building. I am not in position of this property as I am currently employed.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any rights to claim on this property?
(My Father is alive & My Grand Mother is also alive)
2. Whether this Gift Deed given to my brother is valid without my signature? (My Father is alive & My Grand Mother is also alive)
3. If I do not have the rights now, can I make a claim on this property after my Father's death?
Property 2:
This property was purchased by My Grand Father in the year 1969.My Grand Father died in 1987 without any will.So my Grand Mother partitioned this property equally between my Father and his younger brother in 2004.This was done through a registered partition deed.
My Father has constructed a building consisting of 4 floors in his portion. (Ground Flr + 3 Upper floors).
My Father has taken a bank loan of 20lakhs for constructing this building.
I have also signed this loan only as a Surety. There is currently still a loan of 18.5 lakhs. The approximate cost of the building is around 80 lakhs.
Currently because of family disputes there is an Injunction suit and Status Quo on this building.
My Questions:
1. Do I have any right on this property? If yes, how much portion in the building I will be getting? My Father and Grand Mother are alive. I have 1 elder brother.
2. I am currently staying with my wife and kid in the 3rd floor of this building. My Father and my elder brother are staying in the first floor. The remaining floors (Ground Flr & 2nd Flr) are given for Rent.
3. I have also contributed financially in constructing this building but I do not have any proofs as I gave money through hard cash.
4. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
5. If I file a Partition suit on this building, is it necessary that I should still be in position of this building? Because I am planning to vacate the building after filing a partition suit as the house I am staying is small. (I am currently staying in 3rd floor of this property).
Property 3
This property was purchased by my father from someone else through a registered sale deed. This is a plot of dimension 30x40 feet. This was purchased somewhere around the year 1995.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
Property 4
This property was allotted to my father from BDA (Bangalore Development Authority) in the year 2001.My father purchased this from BDA for around 3 lakhs.
The only source of income for my father is from a stationery shop business located in Property 1 mentioned above.
My Father and Mother are alive.
My Questions:
1. Do I have any right on this property as my Father purchased this by doing business from a shop located in the ancestral property (Property 1 mentioned above).
2. If in case my Father gifts this property to my brother without informing me, will it be valid? Can I still claim my portion of the property in that case?
R.Ramachandran
(Expert) 03 April 2011
Property 1: Since it was gifted by his mother, your father was the absolute owner of the same. As an absolute owner, he had every right to do whatever that wanted to do with it. Therefore, his gifting away this property to your elder brother was absolutely within his rights and your father need not have taken anybody's permission/approval or consent. Therefore your not giving signature or consent to the Gift Deed in favour of your elder brother will not affect the said gift in any way. Now, your brother is the absolute owner of the said property and you have no right whatsoever in the same.
since it is the absolute property of your brother, you cannot claim any right over it either now, or even after the death of your father.
Property No.2: Since this property was self acquired property of your grand father, which was inherited by your father after the death of his father, the same is personal property of your father. As stated in regard to Property No.1, being an absolute owner of the property, your father has every right to do whatever that he wants to do with this property as well. Even the building constructed over the said property will belong to your father only. Nobody can have any claim over the same during his life time.
You or anybody else have no claim whatsoever in the said property (land plus building constructed thereon).
Even if you had financially contributed, still since the property is only in your father's name, you can have no claim whatsoever. At best, you can try to recover the financial contribution made by you, provided you have any proof / documents. Since that also you do not have, you cannot recover the money also.
As already indicated in respect of Property No.1, being the absolute property of your father, he can do whatever that he likes to do with property no. 2 and if he gifts it to anybody (whether to your elder brother or others or even absolute strangers), such a gift would be valid and nobody (including you) can question that.
Since it is an absolute property of your father, and since nobody can have any claim over it during the lifetime of your father, the question of your filing any partition suit does not arise. Even if you file such a partition suit (whether while in possession of the third floor or after vacating the third floor), you cannot win.
Property No.3: Even according to you, this property was purchased out of the income from the stationery shop business in which you have no right. That being the case, you do not have any right on this property.
Thus, if your Father gifts this property to anybody, it will be valid and you cannot question or object to it. You cannot claim any share in it.
Property No.4: According to you, even this property was purchased out of the income from the stationery business, in which you don't have any right.
The answer to Property 3 holds good in regard to this property as well.
ALL THE ABOVE ANSWERS ARE ON THE ASSUMPTION THAT THE ABOVE ARE NOT HUF PROPERTIES AND YOU ARE NOT A MEMBER OF ANY SUCH HUF.
Kirti Kar Tripathi
(Expert) 04 April 2011
Mr. Ramachandran has given perfect advises to all the queries. Nothing to add. At present you have no rights in properties as your father is absolute owners of all the properties and he can dispose of the same as he wish during his life time and after his demise it will be devolve as per his will, if any or according the succession law applicable, if he died without any will..
M V Gupta
(Expert) 05 April 2011
As regards property No.2, as this was inherited by the father of the querist as and by way of intestate succession, it may be regarded as ancestral property and accordingly the querist also may have a share in it. Learned experts may like to consider this aspect and respond.
kumar aaaa
(Querist) 09 April 2011
Hi Ramachandran,
Thank you so much for your reply.
I have a query regarding the following point mentioned by you at the end - "ALL THE ABOVE ANSWERS ARE ON THE ASSUMPTION THAT THE ABOVE ARE NOT HUF PROPERTIES AND YOU ARE NOT A MEMBER OF ANY SUCH HUF."
My Questions:
1.I am a Hindu and ours was a joint family( Me , My wife , Our daughter,My father, My Mother, My brother and his Wife )staying in the 1st floor of Property 2 mentioned above.Because of family disputes me and my wife shifted to 3rd floor in the same building 1 year ago.
So considering this do I belong to HUF ( Hindu Undivided Family) ? Is there any change in your answers considering the above point?.
Let me know if you are looking for any information from my side.
