Property given to sons by father throgh court decree

pawan kumar (Querist) 13 July 2016 This query is : Resolved
Father through court decree gave house property to two sons in 1991.said property was father purchased property not ancestral.Possession of property was also given.After 25 yrs 3rd brother is challenging court decree on grounds that he was not involved in such decision.Whether his objection is maintainable.

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 14 July 2016
why he was out of the suit?

pawan kumar (Querist) 14 July 2016
Father Intended not to give anything to him.

Devajyoti Barman (Expert) 14 July 2016
The proeprty acquired through legal proceeding is considered to be the self acquired proeprty of father and hence he has got right of dispossession in any manner he chooses.
So in other words the 3rd brother now can not claim any share in it.

R.K Nanda (Expert) 14 July 2016
His objection is not maintainable.

Guest (Expert) 14 July 2016
Mr. Pawan,

Your question is somewhat confusing. What was the compulsion for the father that he had to give property to two sons only through court decree, while he could give without any litigation. More so, how two sons could get decree against father's property, when he was alive? Still further, why third son had been sleeping for the last 26 years to challenge the decree.

All these factors clearly indicate that either your problem is hypothetical and academic or you have not given full facts.

Not only that you have not mentioned, how you are concerned with the property and the tangle of the brothers?

All these factors prove that your query is purely hypthetical and academic.

Can you clarify on these issues?

pawan kumar (Querist) 14 July 2016
Not hypothetical.Father orally agreed to give property to two sons .subsequently backed out.2sons filed declaration suit.in court father agreed to give property as orally agreed.suit was decided and court passed decree to the effect that property stands given to two sons.3rd brother was not involved.Now he is challenging decree.Father gave possession of property to 2 sons as per declaration suit.

Guest (Expert) 14 July 2016
You have not nswered my questions:

(1) Why third son had been sleeping for the last 26 years to challenge the decree? and

(2) How you are concerned with the property and the tangle of the brothers?

pawan kumar (Querist) 14 July 2016
I m one of two brothers in whose favour decree was made.3rd brother was told by father that he will be paid separately through cash or gold.After getting cash and gold he challanged decree infavour of we two brothers on the pretext that he was not involved in such decision.It was father own purchase property not ancestral.It was up to father to whom he give property.

Guest (Expert) 14 July 2016
So, why are you afraid of the third brother. You must be having some proof of the agreements. But still I believe you are adding the text as an after thought. Can you send me a scanned copy of the court decree through email. If ready send the document at: sssfi2016@gmail.com.