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Nirmal (Student)     21 September 2015

Coparcenar property

I have situation, need expert advice, in year 1960 my grand father and his borther gone for partation they are succesfully enjoying there respective share in there life period. My grand father pass way, leaving behind my father and a concubine son(who was not actually born to my grand father at all, he was born some other men - my bad I don't sufficent evidence to show it). My Grand father was not intrested in given any kind of share to concubine son as he is no way related to him. But, my dad gave him some share in one of the survey number in year 1997, as he is pyhsically handcappied after an accident, he also got title from revenue department. When that person was alive we don't have any civil issues at all. He was happy and enjoying the share alloated to him. By taking advantage of situation from year 2009, his daugther started troubling us for legal right on entire property, asking for share in remaining properties. In between 2009 and 2010 the concubine son sold some property which was allowed to him to third party vendor and after concubine son was passed away his wife executed gift settlement deed in favour of his daughter.

Now, in 2015 his daughter filed partation suit for legal share in other properties, by surpassing the property transaction they made on share alloted to them. Now my question is, we alloted them some share already when his father was alive, also they did some property transation on same, do they have right to claim coparcenaries share other properties.

I heard from my counsel, they already made transaction of the property alloted to them also they are enjoying part of share for long year. They are now not treated as coparcenar, is it correct?



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 4 Replies

saravanan s (legal advisor)     21 September 2015

did your grandfather write any will or did he make any gift on your father.if so the property that got into the hands of your father is not ancestral property as far as the legal heirs of the concubine son is concerned.so the person you have mentioned cant claim any share in the property

1 Like

K. GOPALAKRISHNAN (ADVOCATE)     21 September 2015

Dear Nirmal,

Only by going through document that have been executed by your father in favour of his brother-like person and clauses thereon. So go through the document and understand the clauses, supossing that is person is prevented from claiming  share from your father's properties and utimately, the daughter of him would not have any right in the properties.  

 

1 Like

Kumar Doab (FIN)     21 September 2015

The counsel that examined all douments on record can advice you the best.

 

1 Like

Nirmal (Student)     21 September 2015

Thanks to all for your valuable reponse!!.

Unfortunate, here nothing they made on papers, neither my grand father return WILL or gift deed. Even my father didnt do executed Gift deed. In white paper they submitted there request to MRO office got the revenue title deed 18 years back.

My counsel told me as they did transaction on the property they got, they are not entitle to claim right on rest of the property. They filed another case other then partition suit, where they agreed in there plaint they already gone for partition got so and so properties.
 


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