Grand father property
kumar
(Querist) 06 May 2015
This query is : Resolved
Hi
My grand father brought property in my home town and sale deed on my grand father, my brother and my name.
i have a sister who is divorced and in living relationship with somebody. She is claiming that she has right over my grand father property. If they prove that my grand father brought that property after selling some ancestral property whether she will get share on current property?
she had four children and after divorce she never look after her children and those children are with their father till now. in future whether they can claim that they have share in this ancestral property?
If we brought some property after selling ancestral property the other people who has share in sold property can claim on brought property even their name not there in sale deed brought property?
and if we loose the case in district court is there any chance that we can go to higher courts?
and if somebody who has right on particular property want to release their right how can we get it done? with out re registering entire property?
Dr J C Vashista
(Expert) 07 May 2015
1. She has a share even if it was purchased out of "joint funds" or after selling ancestral property.
2. Prima facie your query is more of academic in nature, if we...if somebody....???
3. Contact, consult and engage a local lawyer for proper professional advise, guidance and proceeding.
Advocate M.Bhadra
(Expert) 07 May 2015
without seeing the title deed it is not possible to give proper answer.if your grandfather had purchase the property in your name during his life time(in terms of BENAMI) then your sister can not claim any share.Section 4(1) in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
(1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.
But if your grand father purchased the property in his own name and died intestate and your father is also died then you and your sister have equal right.During life time of your father you can not claim.
Rajendra K Goyal
(Expert) 07 May 2015
The property is in the name of your Grandfather your brother and yourself.
Your sister has no claim on Grand father's property till GF(May he live long) is alive. If GF expires intestate, property in his name / his share would go to all his legal heirs equally, including your father and again your sister has no share in this property till your father is alive. If your father expires (May he live long)intestate, she can claim share from your fathers property equally with other legal heirs.
kumar
(Querist) 08 May 2015
my grand father brought property with joint funds (after selling property he got from ancestors). i just want to know if my sisters can prove that current property is brought by joint funds (as stated above) if they can claim equal share with my father? even if sale deed on my name, my father name and my brother name? provided my grand father died intestate.
malipeddi jaggarao
(Expert) 08 May 2015
If she can prove that the new property is purchased with the sale proceeds of the ancestral property, she has a claim over it irrespective of the fact that in whose name the new property is purchased.
T. Kalaiselvan, Advocate
(Expert) 08 May 2015
If ther is sufficient proof to prove that the latest property was bought from sale proceeds of the disposed ancestral property, it is to be seen whether she was married before the central amendment came into force in the year 2005. She may claim anything, you can challenge her claim once the case is in curt. What is the position, whether she has already approached court claiming her share? What is your lawyer's opinion.?
kumar
(Querist) 09 May 2015
Thanks for the reply.
@T. Kalaiselvan, She married first time in 1980's and got divorced after 5 yrs and in living relationship with somebody else till now.
she can claim? if she can, is there any other way we can stop her claiming?
before divorce she had 4 children. those 4 children are with first husband. those 4 children can claim share in this property?
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
In my opinion, she may not be eligible to claim any share in the ancestral property since her marriage took place in the year 1980 itself hence it will be difficult to prove that she had a share in the ancestral property which was sold and new property was bought by your grandfather. In all the probabilities, if your grandfather sold the property inherited by him through partition or as legal heir, the property may not acquire ancestral nature. Thus, if she cannot stake claim, her children can never even come near.
Kumar Doab
(Expert) 09 May 2015
You have not answered all points raised in the latest reply in this thread by Mr.Kalaiselvan……..e.g. Has she approached court,…what is the legal opinion of your lawyer that has examined all docs on record?
Are you contemplating to strike out of the court settlement?
If yes even then, the lawyer that has examined all docs on record can certainly opine the best.
How did ancestral property devolve upon the Grandfather e.g partition deed, and then to your father?
When did the succession open i.e. date of death of the owner?
Before the Central Act came into force, the state law (your state where the property is located) shall be deciding factor and many states have notified the date! Check it for your state!
She has probably found only one route and recourse that the property was bought from the funds accrued from sale of ancestral property (how true it is)…………………to unnerve you………………….and bring to settlement.
The lawyer that has examined all docs on record can advise you the best………on recourse and remedy or that she has a share.
Kumar Doab
(Expert) 09 May 2015
Regret by the time I started posting Mr. Kalaiselvan had posted his last post.
You may read "You have not answered all points raised in the latest reply in this thread by Mr.Kalaiselvan……..e.g. Has she approached court,…what is the legal opinion of your lawyer that has examined all docs on record?
"
as
""You have not answered all points raised in the 2nd last reply by Mr.Kalaiselvan.............."
Dr J C Vashista
(Expert) 10 May 2015
There are various issues involved in your query for that you have adequately been advised by experts.
However, for further advise, guidance and proceedings contact, consult and engage a local lawyer.
