Inherited property
Querist :
Anonymous
(Querist) 06 January 2012
This query is : Resolved
Hello sirs,
We have a ancestral property in our Grandfather's name. My father has passed away and without any partition. But, he
made a will. In that will, his share should give it to someoneelse "X".I have one brother and my mother also.
Please, tell me how many partitions can
possible now?
And, can I claim about my father's will?
And one morething is my personal money also
I invested in that. So, I don't want to lose to "X".
Please help me.
Thank you very much for your responses..
Devajyoti Barman
(Expert) 06 January 2012
Your father can not transfer his properties to someone stranger depriving his legal heirs if the properties are ancestral properties.
You in the meantime execute mutual partition deed and if the said X try to enforce the WEill contest its genuinity and then file a declaratory suit.
Shonee Kapoor
(Expert) 06 January 2012
Agreed with Ld. Mr. Burman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 06 January 2012
If this property was earned by your great grand father and came in to hands of your grand father in whose presence all of you were born to your father,then your father and you all are coparcener with your father with equal share and your father was not entitled to testate any will to any body for mor than his coparcenary share in addition your mother has charge of maintenance on his share tested by will to X.
Ignore will and partition the property and let X come to the court to establish his right on basis of will then challenge it to be false fabricated without right forged etc.,as the case may be.
Raj Kumar Makkad
(Expert) 07 January 2012
You have full right in the whole property. You both need to challenge the alleged will instead of getting partition. You are exclusive owner so get the possession of the entire property being ancestral. follow the aforesaid advice.
Querist :
Anonymous
(Querist) 07 January 2012
Hello sirs, Thanks for your reply.
I've one doubt in this. If "X" is my brother then what will happen? So, my brother can take his and also my father's
share also? means 2/3 portions of the property?
And, my father has another property which was bought by my grandfather's name legally. But,Kartha is in my father's name.(Note this is not like great grandfather's propty.)
Can he give that whole property as a gift to my brother without any partition by will. If he give like that, can I claim
the partition in that?
Thankyou very much for your valuable replies.
prabhakar singh
(Expert) 07 January 2012
Look I do not like to prescribe for diseases in anticipation.I mind it too much that you did not disclose earlier that X is your brother.
I decline to answer you because you are putting things in steps wise that too in anticipation.You are planning for something you apprehend and do not have just now.
To me it is misuse of a free privilege.
Querist :
Anonymous
(Querist) 07 January 2012
Hi Prabhakar sir,
I apologise you. Because, My brother is a
Taluk Judge. He only guide my father. But, my father told My share will go to "X". I assume that will be my brother
only. There is no other meaning in that.
Eventhough, my brother is a Judge, yhe made
me fool in several ways. He is doing blackmail if you can you may proceed by
law or whatever you can.
But my major personal money invested inthat. Thatswhy I asked those questions. I even don't know what to do next. Really confused.
If it is wrong pl. forgive me.
Thanks.
Deepak Nair
(Expert) 07 January 2012
The provision of law is clear.
You, your brother and your mother have equal right on the property. Your father cannot execute the same through will if it is ancestral property.
Your father can dispose off the property earned by him from his own money.
If you have invested money in the property of your father, then you can claim the smae if you have sufficient evidence to prove so.
prabhakar singh
(Expert) 07 January 2012
Dear Anonymous!
Please bring the facts a fresh neatly where in you have to tell me very specifically that property in hands of your father inherited by him from his father[i mean your grand father]was acquired initially by whom??
To put it in simple way was the property in question acquired by your great grand father and degrees above him????????????????
What are the investments and how invested by you alone???????????????
How Many children your father has{males N Females}??????????
Is your grand mother and your mother alive??
After putting this all here,remind me by PM to reply asp as below:
http://www.lawyersclubindia.com/experts/Inherited-property-266991.asp
because i may forget to answer you for i am
chronic diabetic with very forgettable memory for newer things.Although otherwise my long time memory is very sound.I am also a bit short tempered as Mr. Pranav Mukarji is.
