Grandfather has been dishonest
Pradyumn Tiwari
(Querist) 11 October 2011
This query is : Resolved
Dear
I have my grand parents(85 years). my father is two brother and i am also two brother & two cousins. my elder brother who lives with grand father has misguided him and now my grand father may give all land /property to my brother as he is saying. My father has baught 8 bighas in my grand father's name and rest(35) is ancestral. Can my Grandfather transfer any type of property/land to my brother. if yes than how can I stop it. can I give any application to somewhere which can null&void all these.
Pradyumn Tiwari
(Querist) 11 October 2011
the land is in UP District jalaun
Pradyumn Tiwari
(Querist) 11 October 2011
the land is in UP District jalaun
prabhakar singh
(Expert) 11 October 2011
Whatever has been self acquired by your grand father can be given by him to any one by any mode of transfer,sale,gift,will etc.
But those properties which you call ancestral
if belonged to or were created by grand father of your grand father then in those properties each of his son and daughter have equal share with him as a coparcenary if they are ruled by mitakshra school.
prabhakar singh
(Expert) 11 October 2011
Right Mr. Shah! i could not notice it is a case of UP.
I stand corrected.It is a case governed by UPZA&LR Act with respect to agricultural land only .For all Abadi land earlier answer is correct.Understand accordingly.
prabhakar singh
(Expert) 11 October 2011
Even for agricultural land for those whose origin is traced as SIR or KHUDKASHT a coparcenary right can be claimed.
Pradyumn Tiwari
(Querist) 11 October 2011
Thanks a lot for reply
it means my grand father who is 85 years old now, can not transfer ancestral land to any body. but can he sell it to grandson or someone else?
can I take help of my grand mother in this case to file any objection before he actually transfer it to someone.
prabhakar singh
(Expert) 12 October 2011
but can he sell it to grandson or someone else?
NO,HE CAN SALE HIS OWN SHARE ALONE.
grand mothers'right is limited to her maintenance which she can claim by a charge creation on properties owned by her husband.
Sailesh Kumar Shah
(Expert) 12 October 2011
Dear author,
I have similar view as Shri Prabhakar Singh.
Why you are changing your name ?
Pradyumn Tiwari
(Querist) 12 October 2011
sorry for changing the name.
because earlier name was my home name. this is my actual.
Dear Sir
I would like to ask what do you mean by "if they are ruled by Mitakshra school" I dont understand it.
Moreover sir I have certain fear If my grandfather gives self aquired land to my brother(grand son). or he can sale it.Is there any provision for stoping any sale or transfer.
Request you to please don't use technical words. as I am layman in this field.
Pradyumn Tiwari
(Querist) 12 October 2011
Apart from this sir, my grandfather is alive and he has asked us to leave the house as he and my cruel brother, they have insulted to me, my father and my grand mother. brother became violent due to it we had to leave the house. we are living on rent now. my question can my father claim for devision, if yes than HOW? AS MY GRAND FATHER HAS DENIED TO GIVE ANYTHING TO ANYONE EXCEPT TO MY CRUEL BROTHER(grand son with whom he is living)
Pradyumn Tiwari
(Querist) 12 October 2011
my brother has threaten us to kill if we go and take our part from property. he posses illegal arms. how can we make provision for this?
Sailesh Kumar Shah
(Expert) 14 October 2011
I would like to ask what do you mean by "if they are ruled by Mitakshra school" I dont understand it.
Answer: In this case, its not applied.
prabhakar singh
(Expert) 14 October 2011
you are advised get in touch of a local lawyer.
Pradyumn Tiwari
(Querist) 14 October 2011
Dear
Mr Prabhakar ji/MrShah Ji
Thanks a lot for your valuable inputs.
Look forward your continued support.
