Chanchal Kumar 08 February 2017

Ancestral property issue

My grandfather was in government service. He had two sons (elder was my father), within his services period he died and my father got the job on compensate ground. At that time my uncle was minor. After the job, my father discharges his all social obligation, married all (3), sister, educated his younger brother, married him also. Seven years earlier my father also died, within his service period. My mother gets the pension. My father has brought his nephew for better education prospects, kept with us. In his school certificate, he has my father name. After death of my father, when we asked for our share in ancestral land, he(uncle) said, his son is also share holder, since my father has adopted him, but my father has not adopted him. He just keeps him for better education prospects, & never gives a thought of future implication, of having his name in nephew’s school certificate. He (uncle) also wants half share in all the funds we received after my father’s death & in immovable’s created out of service. He also seeks half of the pension my mother gets. He has given all land, ancestral & my father’s purchased, on verbal lease, and we get nothing out of it. Last year we have an altercation, regarding partition of ancestral property, he threatened us to frame in case. Property descripttion:- 1. An Ancestral land & a house in my grandmother’s name. 2. A house & a piece of land in my mother’s name 3. A land in my father’s name. Want suggestion for:- 1. Does my uncle have legal rights over the fund & property created out of service; because my father’s got job on compensate ground? 2. Does uncle’s son (nephew) is legally eligible for share in fund and land in my father’s name, also in house & land in my mother’s name? 3. What are the ways to stop him to get the field cultivated & not to get economic benefit till, issue resolved ? I worked in bank, & posted in other state, have little time for legal course. I also fear of getting framed in case, as I’m govt. servant.

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Are you Hindus?

Kumar Doab (FIN) 08 February 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN) 08 February 2017

Look into compassionate appointment rules of your father dept.

There might be a clause on responsibilities that he has to bear e.g supporting the family of deceased.

Relate with such rules.

Your father was a Gentleman as per matter in your post.

Hope you have the evidence and witnesses also to prove, if the need arises.

Kumar Doab (FIN) 08 February 2017

The property in the hands of Grandfather was self acquired of Ancestral.

Remember Parental property may not be necessarily ancestral.

Property inherited up to 4 generations of male lineage is .. ancestral property.

Property from m other’s side is not ancestral.

The property in the name of deceased Hindu woman: The self acquired/absolute property of Hindu woman devolves upon his husband, sons, daughters.

The self acquired property in the name of deceased Hindu Male: devolves first: equally upon ClassI legal heirs i.e; Mother, wife, sons,daughters………………

Kumar Doab (FIN) 08 February 2017

Hindu Adoption and Maintenance Act 1956

Section 7: Any Hindu male who has attained the age of majority and who is of sound mind can adopt.

If he is married, he must take consent from his wife.

Section 9: Only the natural father has the right to give a legitimate child in adoption. However, the father must get consent from the natural mother

Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.

Section 11 :If a male child is being adopted, the person who is adopting must not already have a son, son's son, or son's son, whether natural or adopted. …………….The actual giving and taking of the child must happen. Only mere intention of giving and taking is not enough. The child must be transferred from the home of the natural parents, or in case of orphans, from the place he grew up, to the adoptive parent's home. The ritual or ceremony of Dattak homam is not necessary.

Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.