Civil Procedure Code (CPC)

Family dispute


Sir, my name is Daisy Jones. I am from Jaipur and run my own boutique. My father is a businessman. My father was only 15 years old when his father or my grandfather passed away. My father has two brothers and 4 sisters. Three sisters were already married when my grandfather died. My grandfather owned his own property and shared no any part with his brothers or any family member. As no any elder had handled our family, it was hard to survive in that condition and papa couldn't continue his studies. He left the studies and decided to take the responsibility of two brothers, one sister and his mother. My grandfather had not left any cash, what he left was a loan of around Rs. 2 lakhs. My father continued the old business of grandfather and let his fourth sister marry. He himself got married after few years.  After almost 4 years he took a loan and set up a new business as the old business was not fruitful anymore. My both uncles helped my father not financially but only looked after the business in my father's absence. Soon both uncles got married and whole expenditure was given from my father's business. Our condition was not so good and he has to bear whole expenditure on 13 family members (Children of all three brothers too) and any rituals or customs related with in-laws of four sisters and their children marriage programs from time to time. My both uncles took money from my father and started their own business. Now they are refusing to give the borrowed money back to my father, saying that they had helped in my father's business and this borrowed money is their share in business. Both uncles had not invested a single coin in my father's business nor my father took from my grandfather's share. The whole money was taken on loan by him. Then how can my uncles ask about their share in business. If they helped in business then they got wages in the form of food, clothes and all luxury for them, their wife and children, then why should they ask for share in my father's business? My father asked for his money a lot of times but both uncles refused to give back. Both uncles and their wives acquired sympathy from rest of our family by telling repeated lies that they have a share in my father's business and my all buaji are against my father now. Are they right or my father is right?? Second thing, if they have a share in my grandfather's property then they should also bear a share in the loan left by him with interest. Am I correct Sir?? What should we have to do Sir in order to get our rights??

 
Reply   
 
subregistrar/supdt.(retired)

As per HS Act, all the legal heirs of your grandpa have equal rights over the property.  your father took responsibility of the family as an eldest to your grandpa with a broad view which shall be appreciated.  If your uncles think this with a good view, this problem shall be avoided.  try to convince them in an amicable way then partition the properties asking a major share for your father as he did all. 


Total likes : 1 times

 
Reply   
 



Sir, I can understand that all heirs have equal rights in their father's property. But sir, my father set up a business by taking a loan. already my grandfather left a loan of 2 lakhs. My father paid that with interest and looked after all. My father never got any financial help from my family but he helped my both uncles. What my uncles do now is they say what they have earned is their property only and what my father earned is the property of all three. How is this correct and in what way? Can't my father ask for a major share because ha had sacrificed a lot?

 
Reply   
 
Lawyer

Daisy,

Are you governed by Hindu Law?

 
Reply   
 

Sir, I don't have any knowledge about law. I want to know that what should be the legal step to retrieve our money? I don't know whether our law is governed by religion?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x