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Pankaj (XYZ)     27 April 2011

Transfer of property

 

My grandfather has 2 sons (Shubham and Gautam) and 2 daughters (Anjali and Komal).

Gautam stayed away from my grandfather since 1980 and got married to other caste (Garima). He took lump sum money in early 1980’s from grandfather to start his business.

Both Anjali and Komal got married before 1987 and have received good money in wedding and are well settled and alive.

My grandfather was involved in a business and to expand the business my father (Shubham) has sold his shop and gold ornaments. They both collectively purchased a shop in Mumbai in 1983 BUT the shop was registered in my grandfather’s name. Since then my father and grandfather were doing business. My father together with his family stayed together in grandfather’s house in Mumbai since 1980.

Gautam died in year 2000 leaving behind a wife (Garima), 3 sons and a daughter. Garima has then started claiming in for the partition of shop and house.  

Garima was also working at time of Gautams death. She has also received a lumpsum from Gautam’s LIC and selling off his business. Keeping this in mind grandfather agreed to pay a lump sum, but her demand was beyond my grandfather’s acceptance and affordability. Garima has rejected the offer and then proceeded in city civil court.

Since then the matter was in city civil court. Grandfather died in 2007 without any will, grandmother is also not alive. Shubham has the possession of Shop and house. Court has ordered Shubham to pay monthly maintenance to Garima as one of her child was minor.

Now children’s of Garima are major and all are earning. Garima wants the property to be divided equally, however my father Shubham has paid huge sum for buying a shop and have worked more than 28 years in same shop, find it unlawful. He has worked hard and has spent almost all his earning in treatment of grandmother and expansion of business. He doesn’t have any other source of income and house.

Could you please let me know:

  •  Is Garima eligible for equal share in shop and house?
  • Are Anjali and Komal eligible for equal share in shop and house?
  • How can Shubham transfer the property to his name?
  • Since death of grandfather Shubham is paying the monthly maintenance to Garima. He is planning for going in high court against the order, as he is unable to afford the maintenance due to loss in business. What points he need to consider while appealing in high court.


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