Division of ancestral property
Debjit
(Querist) 26 March 2018
This query is : Resolved
Dear Sir,
I am Debjit Ghosh,Ex Defence Person. My parents are staying in Ancestral Property in Kolkata.
My Grand fatcher and grandmother have not demarcated the property to their son and daughter. now in the ancestral property My parents hold 75% and my paternal aunt holds rest 25%.
My father was following her since last 20 years to get the property separated by paying money to her and getting absolute authority on the property. Her husband assured her in writing long back saying she will not take her portion, if also takes will take bare minimum. But now as he expired, my aunt denies his signed agreement on normal paper and wants to claim current market value of the property.
Request guide my fathers stand in this case.
Vijay Raj Mahajan
(Expert) 26 March 2018
Husband assured something on behalf of wife which was for ownership share in the property cannot be said to be binding on the wife unless she herself agreed to such settlement.
Agreement on simple sheet of paper made by the husband cannot be binding on wife for her property share and legally that cannot be executed through court.
Vijay Raj Mahajan
(Expert) 26 March 2018
Husband assured something on behalf of wife which was for ownership share in the property cannot be said to be binding on the wife unless she herself agreed to such settlement.
Agreement on simple sheet of paper made by the husband cannot be binding on wife for her property share and legally that cannot be executed through court.
Guest
(Expert) 26 March 2018
@ Mr. Debjit,
Question of division or property or acquisition of share of your aunt is a secondary issue. At first please clarify, to which generation of your forefathers or maternal or paternal female member of ancestors the property belongs and how your father could acquire 75% share out of the stated ancestral property?
Guest
(Expert) 26 March 2018
While advice of Shri Vijay Rajan is quite befitting. Side by side the question raised by Mr. Jigyasu is also of a crucial nature, without the knowledge of which you cannot expect the purposeful advice about division of property.
Ms.Usha Kapoor
(Expert) 27 March 2018
Husband assures something on behalf of of his wife is not binding on the wife regarding ownership share of the wife in the property. Similar;y Husband signing on a normal white paper regarding ownership share of wife's in the property is not binding on the wfe unless she herself agrees f9r the same with signature. and legally that cannot be executed through court..
SHIRISH PAWAR, 7738990900
(Expert) 27 March 2018
Your father is not having any case on the basis of agreement on normal paper as your uncle cannot enter into agreement on behalf of your aunt. You have to compensate her by paying current market value if you want to acquire the property. Try to negotiate with her.
Guest
(Expert) 28 March 2018
@ Ms Usha Kapoor,
If already answered this query, what is the significance of reminding about that by making a fresh post, except to add undue scores to your credit, when you simply copied and pasted the advice give by Mr. Vijay Raj Mahajan?
Also, if already answered by you, should other experts desist from making their suggestions in addition to yours.
Guest
(Expert) 28 March 2018
Obviously it is an effort to desist the Experts from Objecting Her illegal advises and misdirection to the innocent Querist.
Dr J C Vashista
(Expert) 29 March 2018
1. Very well observed and analysed by expert Mr. P S Dhingra, Mr. Jigyasu and Mr. Vijay Raj Mahajan endorsed by expert Mr. NJS Raj Kumar, I fully agree.
