Critical Situation
Querist :
Anonymous
(Querist) 06 July 2011
This query is : Resolved
My sister was married in 1986. Her husband “X” get second marriage with “Y” in 1998 and filed suit of divorce against my sister at the same time. From the year 1998 sister was living with my parents and she is issueless.
“X” had an girl child “A” from “Y” in 2000. In 2010 “Y” ran away with her lover alonwith “A”(As told by “X”). Now “X” turned up to my sister (After 12 years), feel sorry and withdraw the suit of Divorce. Sister agreed to forgive him and lived with him. All of us were happy and thanked to God. But this happiness did not last long.
Now “X” is pressing hard to my sister that you take your share from your father in the ancestral property (In other words “X” is demanding dowry) and the sister has no another option but to fulfill his demand because she don’t want to get separated from him and she is having blind faith on him that now he will never deceive her.
But it is not so. Every thing is well planned by “X”. He wants minimum Rs. one crore cash from us through my sister and will invest the same in the name of “A” and “Y” and after that he will kick my sister. But my sister is not understanding his ill plan and is insisting to get her ancestral share.
Please advice how to counteract the plan of “X”?
R.Ramachandran
(Expert) 07 July 2011
First tell about the property, which you say is ancestral. You state where the property is located. In whose name it is today. How did that person get the property. What are the family members of the person in whose name the property is.
Whether that person is alive or not etc. etc.
Unless those details are given, the answer to your query may not be possible. Even after your giving the above information, quite possibly some more information may be needed. First you have to give the above minimum information.
Querist :
Anonymous
(Querist) 07 July 2011
R.Ramachandran Sir, The property in question is agricultural land in Gurgaon( Haryana) which was purchased by my Grandfather in around Year 1948 from his earnings. My grandfather died in 1996. Then that property was inherited to my Father who is the only son of my grandfather( No brother & sister) . My father& mother is alive and living with me. My father has two son & two daughters and we are Hindu.
R.Ramachandran
(Expert) 07 July 2011
First and foremost, be very clear that the property in the hands of your father is his personal property and NOT ancestral property. (Just because the property belonged to your grand father will not make that property 'ancestral property'.) I am quite sure that it is only a personal property of your father.
In the said personal property of your father, during his life time, no other person (either wife, son, daughter etc.) have any claim or right.
Therefore, the question of your sister demanding any share from the property cannot at all arise. Even if she approaches the Court, she cannot succeed.
prabhakar singh
(Expert) 07 July 2011
YES!Mr.R.Ramchandran is right.
However i wish to bring one more aspect to light THAT AGRICULTURAL LAND SUCCESSION IS GOVERNED BY LAND LAW OF A PARTICULAR STATE,IN
HARIYANA LAW OF PUNJAB IS APPLICABLE.
HINDU LAW OR ANY PERSONAL LAW CAN NEVER APPLY TO AGRICULTURAL LANDS IN STATES WHERE A DIFFERENT SUCCESSION PROVISIONS ARE ENACTED BY STATES.
Arun Kumar Bhagat
(Expert) 10 July 2011
I have a little doubt. How the property can be his father's personal property ? It was not acquired by his father from his earnings.It is unearned property. More clarification is required.
