Demand of share
Rahoul
(Querist) 22 March 2014
This query is : Resolved
My father transferred his land in the name of my mother in 1989. My grandmother transferred the same land to my father in 1959, when my uncle was below 18. During this period the land was with a savkar as my grandpa took some loan from him. In 1974 my father got married and in 1989 he sold all jewellery of my mom to take this land back from savkar. And on possession of this land my dad transferd the land to mom. Latter on my uncle got married and had 4 children. He died in 1999 and since then my aunty went back with her kids and did not had any relations with us. Even she got her kids married and not even intimated us. In 2005 my dad passed away. But aunty filed a civil suite for getting a share in the land in 2004.
I want to know whether my aunty is having any eligibility to have share in our land? As my grandma transferred the land to my dad and she was having other son below 18 that time.
Pls provide valuable feedback along with any related case study at the earliest as my date in the court is on 26th mar 14.
Rahoul.....
R.V.RAO
(Expert) 22 March 2014
if the property satisfies the principle of 4 generations( like from great grand father to grand father to father to son), then it is ancestral property.from what you have stated above it does not appear to have passed the test of ancestral property.
then comes the self acquired property dimension.your grand mother transferred the land to your father for whom it became his self acquired property .
As this is the self acquired land of your father, your aunt (father's sister) has no legal rights or claim against your father's self acquired property which your father transferred to your mother.
The land is now inherited by your mother, and she may dispose the property any way she likes.
your aunt cannot have any rights,claims or title against the property acquired by your mother.
Had the property been ancestral, then only your aunt under hindu succession amendment act 2005, COULD HAVE claimed a share in property being a female heir to ancestral property.
but not when the property is selfacquired by our father and transferred to your mother.
prabhakar singh
(Expert) 22 March 2014
The property was transferred by your grand mother in your father's name.
If you can prove that your grand mother was owner,then your aunt has no claim.
malipeddi jaggarao
(Expert) 22 March 2014
But if the property was ancestral property of your grand mother, she can not transfer it to your mother. Hence you should prove the origin of the property is self-acquired property of your grand mother. Then only your aunt or her children do not have any rights. How the title is bestowed on your grand mother is important factor to decide whether it is ancestral or self-acquired. If it is self-acquired, your aunt will not have any claim, but if it is ancestral, your aunt will have claim over the property.
Rajendra K Goyal
(Expert) 22 March 2014
Consult a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 24 March 2014
It is very simple. It is presumed that the property transferred by the grandmother in favor of her son was her own property and also since it was under mortgage/loan, which was redeemed by selling the jewels of the mother of author, the grandmother's action of transferring the property on her son's name is justified and acceptable reason in law.Further, since now the property is another woman's exclusive property, your uncle's wife, especially at this stage cannot claim any right of share in the property, challenge the case fittingly.
Rahoul
(Querist) 26 July 2016
Thanks all
