My rights to my grand fathers property
mukesh gupta
(Querist) 23 March 2012
This query is : Resolved
I AM 26 YEARS OLD LADY UNMARRIED. MY GRAND FATHER EXPIRED IN YEAR 1980.THERE AFTER HIS THREE SONS REMAINED UNITED TILL 2006. IN SEPT 2007 THEY SEPARATED/PARTITIONED. AT THE TIME OF THEIR PARTITION THEY DID NOT OBTAIN ANY CONSENT FROM ME AND MY SISTER. NOW AS PER AMENDMENT OF HINDU SUCSSESION ACT 2005 CAN I CLAIM MY SHARE AND ALSO CAN I MAKE THEIR MEMORANDUM OF FAMILY SETTLEMENT VOID.
Anirudh
(Expert) 23 March 2012
You have to indicate, how your grand father got that property. Whether (i) he self-acquired it or (ii) he got it from his father. If he got it from his father in which year he got it?
You also have to indicate whether your father has any sister(s). At the time of death of your grand father, whether your grand mother was alive?
Only after knowing the said information, I will try to to answer your query.
Shonee Kapoor
(Expert) 23 March 2012
If it was self acquired property of your grandfather, you have no right to intervene.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mukesh gupta
(Querist) 23 March 2012
dear mr anirudh,
it was his self acquired property, he had three sons only and his widow wife (my grand mother) is still alive. they all divided property as per suitable to my eldest uncle but my father got pea nut out of it. thanks for your kind reply.
mukesh gupta
(Querist) 23 March 2012
mr shonee,
my grand pa never left any will so what has to be partition basis? who all will be his heir as per HSA 2005 ? thanks
Anirudh
(Expert) 24 March 2012
Dear Querist,
As very rightly mentioned by Mr. Shonee Kapoor, if the property of your grand father was his self-acquired property and if he had not left any will, then
(i) the property will go in equal share to all his legal heirs viz., his widow, his mother if she is alive, his sons and daughters.
(ii) the grand children have no right.
If the property was not equally partitioned, then your father had every right to protest and approach the court.
The Hindu Succession (Amendment) Act, 2005 has no application to the facts of the present case. Therefore, you cannot claim any share. You cannot also make their memorandum of family settlement void. If not satisfied with the quantum of the property allotted to your father, then it is only your father being an aggrieved person, who can approach the court and nobody else.
M V Gupta
(Expert) 27 March 2012
I agree with the latest posting of Mr. Anirudh. Your father and not u can take action to annul the partition which is violative of the HS Act. Of course your uncles may take a stand that ur father had voluntarily agreed to have a lesser share.
mukesh gupta
(Querist) 28 March 2012
I AM EXTREAMLY SORRY, THE ACTUAL FACTS ARE AS UNDER WHICH I JUST CAME TO KNOW:-
MY GRANDFATHER HAD STARTED A PARTNERSHIP FIRM WITH MY GREAT GRAND MOTHER WITH WORKING CAPITAL FROM MY GREAT GRANDFATHER.
AFTER THIS MY GRANDFATHER ALONG WITH HIS BROTHERS CONTINUED TILL 1980 AND THEREAFTER THEY PARTIONED.
SINCE THEN MY GRAND FATHER DID RUN THE PARTNERSHIP FIRM WITH MY UNCLES.
THIS JOINT FAMILY BUSSINESS CONTINIUED TILL 2007 . EVEN AFTER DEATH OF MY GRANDFATHER IN1980.
THERE AFTER MY FATHER AND HIS BROTHERS GOT PARTITIONED.
KINDLY REPLY AND SORRY FOR THE INCONVENENCE.
Shonee Kapoor
(Expert) 28 March 2012
When the partition was effected. Was it with consent? If so, has he alleged any mala-fide?
In the present circumstances also, only your father could have challanged the partition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
