Property disputes
harshit singh
(Querist) 25 December 2016
This query is : Resolved
Dear Experts,
we have a parental property, which was purchased by my father's Grand Father & transfer to my Grand Father's name. Now my Grand father Passed away.My father are six brothers and one sister.My father wants to transfer his part to one of his brother,but i don't want to let my father transfer to his part to his brother.
i don't want to leave that property.can i have any right on that property.
Ms.Usha Kapoor
(Expert) 26 December 2016
Your father's share in the Jt family -property you want. If you ask appealingly your father may transfer that property in you name by registered gift deed.Hence persuade him to transfer his share of the joint family property in your favour or in your name.
Dr J C Vashista
(Expert) 26 December 2016
Consult and engage a local lawyer and file a suit for partition, possession, mesne profits and permanent injunction against all LRs of your grandfather.
Rajendra K Goyal
(Expert) 26 December 2016
discuss in detail with local lawyer.
property in the hands of your father does not seem to be ancestral, it was transferred in the name of your grandfather, in such case your father has right to sell / gift / mortgage / bequeath a will for his share in the property.
harshit singh
(Querist) 26 December 2016
Dear experts,
I Want to add one thing , property are still registered on the name of my forefather ( father of my grandfather).It is ancestral property, there is only verbal partition done between my grandfather and his two brothers.
Rajendra K Goyal
(Expert) 26 December 2016
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property.
Show all documents to local lawyer and discuss in detail.
Dr J C Vashista
(Expert) 27 December 2016
Thank you Usha for agreeing with me.
Kumar Doab
(Expert) 16 February 2017
Agreed with Dr. J.C. Vashita.
Ancestral Property is one that is inherited upto 4 generations of male lineage……..
Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
This property should be four generation old.
It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
So obtain mutation record ( including mother document e.g; Shajraa-e-Aks) with all link documents and take opinion from a very able counsel specializing in revenue/property/civil matters at your location.
Your counsel can opine and confirm the nature of property; Self Acquired or Ancestral, validity of Oral partition, and merits and remedies for you, as per extent local Rules/laws that are applicable at your location.
Guest
(Expert) 16 February 2017
Instead of posting ambiguous queries, better show your documents to some local lawyer and act according to his advice, as based on the facts available in your documents.
Kumar Doab
(Expert) 16 February 2017
Is this matter also related to:
http://www.lawyersclubindia.com/experts/Lady-living-in-relation-can-use-male-partner-name-as-husband-630221.asp
