Father died 26 years back . i am posseing the prop
Querist :
Anonymous
(Querist) 11 February 2018
This query is : Resolved
MY FATHER DIED IN YEAR 1989 .I AM IN SOLE POSSESSION OF THE PROPERTY .I HAVE IN VESTED 70 LACKS IN THE YEARS 2010 .
CAN MY OTHER SIBLINGS CLAIM THEIR SHARE IN THE SAID PROPERTY NOW .MY MOTHER IS USA CITIZEN .SHE ALSO CLAIMED SUIT FOR PARTITION
WOULD I GET MY MONEY BACK .
WOULD I BE EVICTED FROM THE PROPERTY .
WOULD THE PROPERTY BE SOLD AND DISTRIBUTION DONE .
Guest
(Expert) 11 February 2018
What do you mean by mother "claimed suit for partition? Has she filed any court case against you for partition?
Querist :
Anonymous
(Querist) 11 February 2018
yes please SHE HAS filed SUIT for partition
SUIT FOR declaration AND MY EVICTION
Querist :
Anonymous
(Querist) 11 February 2018
kindly reply your decision
Ms.Usha Kapoor
(Expert) 12 February 2018
If your father died intestate and it's ancestral property up to 4
generations in lineage your mother and your siblings have a right to file partition suit and allotment of their share against you. Even if it is self acquired property if your father died intestate YOUR SIBLINGS AND MOTHER ARE ENTITLED TO CLAIM THEIR SHARES IN THE SUBJECT Property-you can retain Rs.70 lacs and the rest will have to be sold in open Market and sale proceeds and distributed in equal shares among your mother and siblings.paving way for eviction of you from the subject property.
Ms.Usha Kapoor
(Expert) 12 February 2018
If your father died intestate and it's ancestral property up to 4 generations in lineage your mother and your siblings have a right to file partition suit and allotment of their share against you. Even if it is self acquired property if your father died intestate YOUR SIBLINGS AND MOTHER ARE ENTITLED TO CLAIM THEIR SHARES IN THE SUBJECT Property-you can retain Rs.70 lacs and the rest will have to be sold in open Market and sale proceeds adistributed in equal shares among your mother and siblings.paving way for eviction of you from the subject property.
Vijay Raj Mahajan
(Expert) 12 February 2018
You invested Rs70 Lakhs in the property that is being sought to be partitioned after the death of your father by the widow, your mother and your other siblings, you want to get your Rs70 Lakhs to be paid to you after which equal share in the property to all the heirs including you, of your father. Definately the property has to be sold in open market and the amount received out to be distributed amongst all the heirs even by the civil court this procedure will be applied. You claim of Rs70 Lakhs invested in the property should be accompanied with documents showing all these expenses made by you from your own funds. You remaining in the property till the property is sold in the market can be allowed but you have to vacate it by all means for completion of the partition process.
Guest
(Expert) 12 February 2018
First of all, from your description, it has become quite apparent that your query is only a hypothetical academic query with the reason that it is beyond imagination that you would have invested Rs.70 Lakhs on a joint property knowing very well that the property was not yours own and would have to be shared among all other legal heirs.
Secondly, even there be any truth in your story, you must have engaged a lawyer after your mother filed a suit for partition and your eviction. You were supposed to ask your questions from your own lawyer. Even if asked your lawyer, you should have made a mention of the opinion of your own lawyer and asked here about any of your doubt on that, instead of asking on the academic type of query.
Even if it is supposed that you have spent such a huge amount on the property, can you produce any evidence of having invested Rs.70 Lakhs that too with due consent of and entering in to an agreement with the heirs of the deceased owner? If not, that can be considered merely as an illegal construction for the purpose of illegal occupation of the property on your part. In that case, there will be no chance for you to recover even a single penny of your investment out of the sale proceeds of the property. On sale, in the absence of any mutual settlement, the amount of the sale proceeds will have to be divided in equal proportion among the eligible legal heirs.
Guest
(Expert) 12 February 2018
When your mother has filed a suit for partition and eviction, was there any specific reason for not asking such questions from your own lawyer, whom you would have engaged for fighting your case?
Querist :
Anonymous
(Querist) 12 February 2018
My simple quary is can THEY claim their SHARE IN THE SAID PROPERTY after my investment of 75 LACKS IN the SAID PROPERTY that too after 26 years of my Father s death
AND THEY have never objected to the
investment in the property.
NOW they have reversed their opinion
and filed a suit OF partition EVICTION
AND DECLARATION
KINDLY REPLY
Guest
(Expert) 12 February 2018
Your response is quite unconvincing. Is there any specific reason that you have avoided replying my question, why not asked such questions from your own lawyer?
Guest
(Expert) 12 February 2018
They objected or not on your investment that has no relevance.
MY SIMPLE QUESTION IS, when you have made a huge investment of Rs.75 Lakhs, what prompted you to rely merely on a free of cost casual consultancy at this forum, and why you have not asked your own lawyer how to avoid such a huge loss?
Apparently, had your query been about some real problem, you would have rushed immediately to some very experienced smart lawyer on finding the legal tangle, instead of raising such a casual query at this forum. THAT GIVES A VERY CLEAR INDICATION ABOUT THE PROBLEM BEING HYPOTHETICAL ACADEMIC ONE.
Vijay Raj Mahajan
(Expert) 12 February 2018
Answer to your query is yes they can claim by their share in the property because they had right and share in the property which was in your possession for 26 years after the death of your father. You being one of the heir like them was enjoying the property and maintaining it.
As far your spending Rs 75 Lakhs for the property is concerned, rightly posted above you're looking for free consultation from lawyers/experts here in this forum but not ready to pay for the same after paying consultancy fee for their or anywhere else for the service, which is not right.
Sri Vijayan.A
(Expert) 12 February 2018
Can you prove that you have invested a huge amount in the common property?
Can you make others to accept the above?
If the answers are YES, you can get the said amount separately and amount for your share separately from the sale proceeds of the property.
Querist :
Anonymous
(Querist) 12 February 2018
MY lawyers are saying THE same thing
but I fail to understand
why the law of limitations do not apply
KINDLY REPLY
Guest
(Expert) 12 February 2018
Mr. Anonymous querist, you are telling quite an unbelieving story. If true to some extent, you cannot deny the shares of other legal heirs even after 26 years of the death of your father. Rather you should be thankful to them that they have allowed you to use the property for such a huge period of 26 years without charging a single penny as of rent for their share.
If there is even slightest of the truth in your story and don't want to settle the dispute amicably, you have no other option except to rely on your own lawyer. Even, if you are able to get some soothing answer, that will be of no use to you, as the other legal heirs can't be deprived of their legal share out of the property of your deceased father by any law. By giving their rightful share out of the constructed property after such a long period of 26 years, you may think as if you have paid accumulated rent in lump sum in the shape of constructed parts with your investment.
Guest
(Expert) 12 February 2018
So, ultimately, the cat is out of the bag when you have showed the real concern pertaining to your academic query that you wanted answer to your academic question on the law of limitation!
If not an academic query, you may ask your lawyer to try contesting on the theory of limitation, provided luck favours you.
Querist :
Anonymous
(Querist) 12 February 2018
THANKS A LOT TO ALL OF YOU
FOR GIVING ME SOLACE TO GO FOR
COMPROMISE
I WOULD ALWAYS BE GRATEFUL TO YOU ALL
KINDLY REPLY
KINDLY BLESS
Dr J C Vashista
(Expert) 13 February 2018
If you are seeking an obligation from experts FREE OF COST on this platform you will have to disclose your identity as per rules. No reply for an "anonymous" author.
Otherwise consult a local lawyer.
Querist :
Anonymous
(Querist) 13 February 2018
I WAS NOT SATISFIED WITH MY LAWYERS OPINION ON THE ISSUE
THAT IS WHY I APPROACHED THIS
FORUM TO CLEAR MY DOUBTS
IF YOU ALL ARE FEELING OTHERWISE
I AM EXTREMELY SORRY.
KINDLY REPLY
Querist :
Anonymous
(Querist) 13 February 2018
I WAS NOT SATISFIED WITH MY LAWYERS OPINION ON THE ISSUE
THAT IS WHY I APPROACHED THIS
FORUM TO CLEAR MY DOUBTS
IF YOU ALL ARE FEELING OTHERWISE
I AM EXTREMELY SORRY.
KINDLY REPLY
Guest
(Expert) 13 February 2018
Seems to be clearly an after thought on your part about not being satisfied with your the opinion of your lawyer.
If you were not satisfied with the opinion of your own lawyer, you were required to come forward with his version for further opinion of the experts, but you did not do that.
