Property division by father
Suresh
(Querist) 09 July 2015
This query is : Resolved
My Father has asked me to leave the house( which was built by him), by taking 1/3rd share. We were 2 brothers & 3 sisters ( all married) , 1 sister and 1 brother passed away in the last 3 years. Earlier my father sold the ancestral property and divided the property shares among his brother. I never received any share from this property.
I have been living with my family and my parents at the present residence for the past 30 years. I have provided for all expenses and taken care of my parents over all these years.
2 years back my elder brother died, and my parents want to shift with my nephew in another city. They have more affection towards him.
Presently I am pressurized to leave the house by taking 1/3rd share of the house value. I am not ready for this separation, and I also feel this division is not proper. Also I don't have any other house, immediately to occupy.
Is there any way, that my father could sell this house to other person, without giving me any share. Or in case if they go to court, what would be the result out of it.
Can my son have any claim on his grandfathers property. We are a Hindu family.
Sudhir Kumar, Advocate
(Expert) 09 July 2015
whether you materially gain or not from litigation is irrespective. Fact is that you loose relationship (much more value than property) which is a permanent loss.
Suresh
(Querist) 09 July 2015
Thanks Sudhir. I understand, am not materially attached with them. But my father has made a decision to leave me n live with my nephew. Alse he is trying to give him my property share as well.
Moreover, I am living in this house from last 30 years. This is my home. I don't have any other house to occupy. All of sudden they had asked me to vaccate with little share, and warned me that they would throw me out of the house through legal case. Please advise me on the below queries
Is there any way, that my father could sell this house to other person, without giving me any share. Or in case if they go to court, what would be the result out of it. Can my son have any claim on his grandfathers property.
Kumar Doab
(Expert) 09 July 2015
Your father can do whatever he wants to do with his self acquired property.
You have a share out of your father's share in ancestral property.
Sudhir Kumar, Advocate
(Expert) 10 July 2015
THROWING OUT BY EVICTION SUIT IS NOT CHILD'S PLAY. THERE IS A LONG LITIGATION.
P. Venu
(Expert) 10 July 2015
What is your problem? You are getting 1/3rd of the property, you are a gainer.
Suresh
(Querist) 10 July 2015
Thank to all for replying.
@Venu
My problem, I am getting pressurised from my father and other relatives to leave the house. My father is more influenced by other relatives.Where will I go with that money? I have no other place to live.
Over and above, I didn't ask any share from him in ancestral property which he sold it out some 10 years back. But now when I have asked him to divide equally, he is claiming that he has spent all the money.
Suresh
(Querist) 10 July 2015
Hi,
I have provided for the house and maintenance and their well fare all through my life. I feel it is a little unjust to ask me to leave a house I have been part of one fine day.
What would the process be if they file for an eviction suit?
Will i be able to receive any fund for the expenses I have made over the years?
Can I make a request on when I can leave?
