Property disputes
Sandeep
(Querist) 14 October 2015
This query is : Resolved
Greetings Team,
I have some query regarding our property.My father had some property which he got from his mother by dividing along 3 Sons among 3 one of my Son is my father and 2 son sold to others but my father bought giving money to 3rd party its in my mother name and other 3 son sold his property to another . Apart from 3 sons our grand parents having 2 daughters who are married long back in the year 1982 and 1983 . Now one of the daughter had put case on my father he need property from my father .All this property divided long back almost 25 years.2 son was died long back 3 son sold property long back to others .remaining is our property only .
And other main thing is our grand father had 3 wife . All property has been divided on basis of wife names.Our father is 3 wife son (above all 5 belongs to 3rd wife) .
Please advise weather we need to give our property to my father sisters ? we retained our property with lots of struggle in early days we took education loan and borrowed money from others for our daily needs we struggled lot to retain since 25 years .Now this peoples put a case on us .. Please advise on this .
Thanks in advance .
we are waiting to hear from you .Please advise .
P. Venu
(Expert) 15 October 2015
Was the division of the property by the grandfather through a partition deed?
Rajendra K Goyal
(Expert) 15 October 2015
All the documents need to be shown to local lawyers.
Daughters have share in the property of parents. Any wrong distribution / partition does not deprive them of their right. Property partitioned and hence sold without having proper title can be challenged.
They have no share in the property purchased by their brother.
Kumar Doab
(Expert) 15 October 2015
You may reply to the points raised by Expert Shri P.Venu.
The daughters have filed a case as per your post...................and now it is be decided on merits.
You may show all documents on record to an able lawyer well versed with local state laws and family/civil/revenue/property matters.
Sandeep
(Querist) 15 October 2015
Greetings Venu sir,
Grandfather shared there property into 3 parts in the name of all 3 Spouse’s , than again on basis of mother divided into there children's.
All are legally processed long back almost 30 years back .That time no shares to daughters . Please advise .
Thanks,
Sandeep
ABDUL RAZIQUE
(Expert) 15 October 2015
Dear Sandeep
As per my knowledge before 2005 only son, son’s son, son’s son’s son were coparceners, with the daughters only having a right to reside in the property and get their marriage expenses defrayed out of the same. A son would acquire proportionate ownership in the property moment of it’s conception, but not the girls.
Post 2005 – now a daughter also would acquire ownership rights on the property from the time of her conception (provided of course she is born alive). She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. Hence there is a complete parity in terms of rights. However it would be profitable to remind ourselves that these rights extend to only ancestral properties (or joint family properties – are properties which people inherit from their paternal ancestors/property through into common hotch potch/property acquired by joint family efforts/accretions etc) and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.)
So you may judge the right of daughter share.
It is better that you must visit an expert civil lawyer along with all relative documents.
Sandeep
(Querist) 16 October 2015
Thanks for the comments Abdul Razique.
2005 after born daughters or 2005 after married daughters ? or 2005 after partition happened families ? please clarify .
ABDUL RAZIQUE
(Expert) 16 October 2015
there is no clearance about your question.
T. Kalaiselvan, Advocate
(Expert) 17 October 2015
@Sandeep:
From your question it can be understood that your grandfather partitioned his self acquired property in the names of all his three wives equally by a proper partition deed.
The property thus in the hands of your grandmother can be treated as her own and absolute property in which she had, by the virtue of marketable title on her, had full rights to dispose the property in the manner she desired and through it to be proper at that time. Therefore the partition and settlement made by her in those days cannot be challenged now and the daughters who were left behind without a share in the properties cannot stake a claim now on any basis because this is neither ancestral property nor intestate property of their mother or father.
If they have come out with a partition suit, it becomes your duty to defend yourselves properly by discussing all the issues with your lawyer and challenge their claim to repudiate the same.
