Grandfather property rights
siddhartha kumar
(Querist) 12 June 2011
This query is : Resolved
My Late grandfather had purchased in his own name two shops in old Delhi area from a trust ( on pagdi) in approx year 1960. Also he had purchased a house in my late grand maa name. Now my family members i.e. my father, uncle and two aunties are entering into a registered family agreement giving all the above property to my uncle ,i.e., my father's younger brother. This is against my consent, being the eldest grandson. My question is: (1.) Being the eldest grandson,is my signature compulsory in the agreement (2.) Can i file a case against my family for getting right in my grandfather's property, even after the agreement is registered. Plse guide.
R.R. KRISHNAA
(Expert) 12 June 2011
1. Yes you have rights on your grandfather's property.
2. You can file a suit for injunction restraining your family members from dealing with the property before the civil court. If the agreement is registered you can file suit to declare the agreement null and void.
But I suggest you to settle the issue amicably with your family members without approaching the court.
Best regards.,
R.Ramachandran
(Expert) 12 June 2011
I do not know what is the basis for Mr. Krishna's views.
Since the property was self-earned property of your grand father, after his death, the same will go by way of inheritance amongst his legal heirs. The legal heirs of your grandfather are his widow, son(s) and daughters.
If some of the legal heirs relinquish their respective shares in favour of any other legal heir (your uncle), no one can object to the same.
It is not your case that the property in question was JOINT FAMILY PROPERTY.
siddhartha kumar
(Querist) 13 June 2011
but Mr. Ramachandran being the grandson - what is my right on the property ?
prabhakar singh
(Expert) 13 June 2011
Dear Mr.siddhartha kumar WAS THERE ANY SON BORN TO YOU WHEN YOUR GRAND FATHER DIED OR TO ANY OTHER BROTHER OF YOURS?????????????????
prabhakar singh
(Expert) 13 June 2011
LEARNED BROTHR Mr.R.Ramachandran !
CAN THERE BE A CO PARCENARY WITH RESPECT TO SELF ACQUIRED PROPERTY OF "A",IF "A" BEING HINDU GOVERNED BY MITAKSHRA SCHOOL, DIES LIVING BEHIND HIM "B" A SON "c" A GRAND SON AND "D" A GREAT GRAND SON/??????????
R.Ramachandran
(Expert) 13 June 2011
Dear Mr. Siddhartha,
Since the property inherited by your father on the death of your grand father is his personal property. Your father has every right to do whatever that he wants to do with it. If in his wisdom and wish he gives away the property in favour of his younger brother, he has every right to to do. No one has any right to object to the same.
As grand son, you have no right since the property left behind by your grand father was his self-earned property and not ancestral property. Further when your father inherited the same it became your father's personal property and not 'ancestral property'.
R.Ramachandran
(Expert) 13 June 2011
Dear Mr. Prabhakar,
The original mode of acquisition of property is immaterial for the determination of its character subsequently.
A separate property of a Hindu male, when inherited by his son on his death, would become ancestral or coparcenary property with respect to his (i.e. son's) male issue.
The above was the position obtaining prior to coming into force of HSA 1956.
However, this position stood substantially modified after the passing of the HSA 1956.
The law of inheritance regarding the property of a male Hindu was laid down in Sec. 8 to 13 and Sch.I of the HSA - where some basic principles w3re retained, many rules modified and some were totally abrogated.
The main question that arose for consideration was about the character of the property which the son inherits from his father especially with reference to his male issue.
Whether the son takes the property as his separate property, to the exclusion of all his descendants, male and female, or he takes it as the Karta of his branch, with his male descendants unto three genertions having a right by birth in it?
Initially the Gujarat HighCourt in CIT v. Babubhi Mansukhbhai (1977) 108 ITR 417 (Guj.) held it to be a coparcenary property.
But subsequently, the Allahabad, Madras, M.P. and A.P. High Courts held it to be 'individual property'. This was upheld by the Supreme Court in Commissioner of Wealth Tax v. Chander Sen (1986) 161 ITR 370 and other cases.
I am attaching the relevant decisions for your kind ready reference.
In your fact situation, during the life time of "B", the self-earned property of his father that he inherits would be his personal property. The Grandson or Greatgrandson of "A" can have no claim over it.
Hope this clarifies your point.
Please do bring it to my notice any incongruity in my reply.
siddhartha kumar
(Querist) 14 June 2011
Dear Mr. Prabhakar singh ji, i have a son, i.e., great grand son........
siddhartha kumar
(Querist) 14 June 2011
Thank you to all experts for the info given to me.
