Induction petition over the property
sitaramaiah
(Querist) 01 February 2013
This query is : Resolved
Dear sir
Good morning!!!
Please read and do me a favor...this is the case explained below...
My grand father has two 3sons and two daughters.All are married &settled well. 20 years back property was partitioned for 3 sons only but not to daughters.At daughters marriage time (30 years back) grand father has given 4000/- to each daughters.
Now grand parents are at age of 80 years.One sons is taking care of them two sons are avoiding them.(partitioned property was some of self acquired by grand father &some land is ancestral property)
3 sons commonly sold 3 acres of partitioned land. Now grandfather has only one acre of land that land has not sufficient for their maintenance.
Now grand father has asking one more acre of land but sons are refused to given back.
Now grand father wants to file the induction petition over the whole property of sons for his equal share.
These are the questions from my side.
where should be filed this induction petition?
whether induction petition should be valid?
whether daughters has right over the property?
whether daughter should file the induction petition over the property?&where should be filed?
whether daughters should get back the equal property from partitioned property from father and brothers?
Note: sons doesn't have any written document®istered document over the partitioned property but they have land pass books & paying land revenue tax .
Thanks and regards
sitaramaiah
Nadeem Qureshi
(Expert) 01 February 2013
contact a lawyer personally or over the phone, you can easily pay the consultation fee of a lawyer
M V Gupta
(Expert) 01 February 2013
Do you mean to say partition of the properties? If that is so, daughters can question the partition of the ancestral land without giving their shares as per law. However this right would appear to be time barred as the partition had taken place more than 12 years ago. As regards ur G parents are concerned, they may consider applying for maintenance from the sons if they are not taking care of their needs. This application can be filed under Section 5 of the Maintenance & Welfare of Parents and Senior Citizens Act,2007. The application should be made before the Maintenance Tribunal of the district concerned where they are living. Under the Act interim maintenance also can be claimed pending disposal of the application.
M V Gupta
(Expert) 01 February 2013
Do you mean to say partition of the properties? If that is so, daughters can question the partition of the ancestral land without giving their shares as per law. However this right would appear to be time barred as the partition had taken place more than 12 years ago. As regards ur G parents are concerned, they may consider applying for maintenance from the sons if they are not taking care of their needs. This application can be filed under Section 5 of the Maintenance & Welfare of Parents and Senior Citizens Act,2007. The application should be made before the Maintenance Tribunal of the district concerned where they are living. Under the Act interim maintenance also can be claimed pending disposal of the application.
sitaramaiah
(Querist) 01 February 2013
Thank you very much for your reply Mr.Gupta sir.
My question is
Already property was partitioned. Grand father was taken only one acre of land out of total property.Now grand father is asking one more acre of land for their maintenance.
My question is If suppose grand father has file induction petition over the total property (on 12 acres of land partitioned to sons).whether this induction petition is valid or not?? if valid where it is filed?
he doesn't want maintenace from sons sir.
Please give me reply sir.
Thanks and regards
sitaramaiah
M V Gupta
(Expert) 02 February 2013
Not possible. Partition is already over. Sons have become absolute owners of the shares allotted to them. (There is nothing like "induction application" in law.)
sitaramaiah
(Querist) 02 February 2013
THANK YOU SIR
HERE INDUCTION PETITION MEANS STAY ORDER ON THE PROPERTY SIR.
WHAT IS THE REMEDY FOR GRAND PARENTS SHARE OF PROPERTY . HOW THEY WILL GET BACK FROM SONS?
M V Gupta
(Expert) 02 February 2013
I have already answered that your proposal is not possible- i.e., to get back the property from the sons of ur G Parents. Take recourse to the maintenance Act mentioned in my earlier reply.
sitaramaiah
(Querist) 02 February 2013
Respected sir
Thank you so much for your patience reply sir.
we wish your support should be behind us always.
Thanks and regards
Sitaramaiah
