Plot bought from father - huf or self acquired?


Dear All,
   My grand father sold a plot for a specified amount to my father and registered in his name. The amount is shown in registry document. Now my father has done a registered gift deed in my name.  My uncle (father's brother) has filed a civil suit on me in session court asking for stay so that I cannot sell it and claiming that its is HUF as it comes from my grandfather so he has also right on it. 

Is his claim legal and can he ask for stay from court and his share?

Regards.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

I have the following to opine :-

Whether the sale is tenable or not would depend on the nature of the property, if grandfather acquired it himself with no help from ancestral property proceeds or funds, it can be sold off freely - and sale in favour of father and further gift stands valid. There would be no stay as your uncle has no prima facie case. 

 

Regards,


Bharat

 
Reply   
 


Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist, 
 

I have the following to opine :-

Whether the sale is tenable or not would depend on the nature of the property, if grandfather acquired it himself with no help from ancestral property proceeds or funds, it can be sold off freely - and sale in favour of father and further gift stands valid. There would be no stay as your uncle has no prima facie case. 


 

Regards,


Bharat


Total likes : 1 times

 
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Dear Mr. Bharat,
    Many thanks for your reply. My grand father bought it directly from city development authority and its not inherited from family chain.

My unlce recently sold his some property and claims that he invested this money to construct this house. We constructed recently some portion of first floor and did some renovation too by our money but it was not really major and did not keep all reciepts for material and labor charges. Now he says that it was done from his money which is false. I am not sure he can produce any bills for it but its easy to create such bills easily as we know. Can he use this argument to claim that he has right on house?


As the case in court but there is not stay till now and no objection has been filed in development authority to stop registry transfer. Would it be legally safe to sell it off to third party or can it be challenged? 

Best Regards.

 
Reply   
 
.......

If incase he has invested money in the same he has prove from where he has got that money...

 

Now as u hv stated above that he has sold some of his properties...Then when ever amount he has earned from that property will come under Long Term Capital Gain/Short Term Capital Gain on the profit amount he has earned on property @ 20% as per Income Tax Act.

 

To save tax hehas to invest money in buying a new house/building a new house on his own name.

 

 

However as mentioned above your grand father has bought the property on his own then and then sold the same to your father and your father has gifted the same to you.

 

Now if he has to file a claim on your property then he has to prove that he has invested money in the property and paid the amount to your GF/Father/to you.....

 

You can also visit to the contractor/builder who build your house and you can request him to issue the duplicate receipts for your purchase... or if incase any contract was done between both the parties (Contractor/Builder OR THE OWNER OF PROPERTY)  then you can ask him to give you the photostate for the same.....

 
Reply   
 
.......

If incase he has invested money in the same he has prove from where he has got that money...

 

Now as u hv stated above that he has sold some of his properties...Then when ever amount he has earned from that property will come under Long Term Capital Gain/Short Term Capital Gain on the profit amount he has earned on property @ 20% as per Income Tax Act.

 

To save tax hehas to invest money in buying a new house/building a new house on his own name.

 

 

However as mentioned above your grand father has bought the property on his own then and then sold the same to your father and your father has gifted the same to you.

 

Now if he has to file a claim on your property then he has to prove that he has invested money in the property and paid the amount to your GF/Father/to you.....

 

You can also visit to the contractor/builder who build your house and you can request him to issue the duplicate receipts for your purchase... or if incase any contract was done between both the parties (Contractor/Builder OR THE OWNER OF PROPERTY)  then you can ask him to give you the photostate for the same.....

 
Reply   
 

Dear Mr. Kunal,

Many thanks for your reply. My unlce has never paid any money to my grand father/father or me and he cannot prove it too. He is just claiming that he has invested money after selling his own property in this house and as this plot was bought from my grand father so it is HUF and therefore he has right on it too. He is living in same house with his family since many years as a licensee.

I believe that i am on better side and should get decision in my support. 

My uncle is also threatening that he will drag me till supreme court in case of getting decision against him. I am very new to all this legal world. Is it possible that after having weak case and no support to prove anything, he can move to higher courts and intentionally waste many years? Can I ask for compensation or ask for any punishment in such case later?

Best Regards.

 
Reply   
 
.......

As mentioned by you that ur uncle will fight till supreme court.

 

Till that point of time you will waste ur 25yrs-30yrs in INDIAN JUDICIARY SYSTEM and at that point of time you will see your self pissedoff with all this and at that point of time you won' think of wasteing another/somemore years for claiming the compensation/punishment for the same.

 

 

However if you mention the same (compensation/punishment) in the court at the starting point of time it self then in that case at the time f judgement itself (What ever it will be), if the judgement is in ur favour then in that case he has to pay the compensation as well as need to bear the punishment as well if th same is announced by the court.

 

 

Do mentioned in the court that the property was owned by ur grandfather by himself and now you are the owner and your grandather/father and you have allowed then to live in your property along with you only bcoz of love and affection and you are not charging any rent for the same and now you need the house for your self and he should vacant the same since you are the only owner of the property.


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