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Chandrasekhar Alluri   09 April 2019

Joint family property disputes

05 April 2019

Myself Chandrasekhar from state of Andhra Pradesh living near Vijayawada.  I request lawyers and legal advisors to give a suggestion on my issue. Before I place issue let me explain our family tree.

My grate grandparents are Chandraiah and Kokilamma had 3 sons namely Subbarao, Krishnaiah and Venkatanarayana. Unfortunately our grate grandparents suddenly Passed away when Venkatanarayana was 2 years (Not Sure about other two sons age) and left children's alone.

Rajeswari who is younger sister of Kokilamma lives in our neighbour village started looking welfare of  her sister children's (Rajeswari don't have any children's). Rajeswari and her husband Hanumatharao managing our grate grandparents properties and taking care of their 3 sons. Rajeswari & Hanumatharao brought up our 3 grandfathers, performed their marriages and distributed their family properties equally between them. Since then everybody living separately with their share and managing it.

After performing grandfather marriages, Rajeswari husband Hanumatharao also passed away. Rajeswari sold their properties in their village and bought 2 Acres of Agriculture land and own house in our village and living separately.

My grandfather is Venkatanarayna (Late) and Subbayamma had 3 childrens namely Sreenivasarao, Saradha and Jyothi. They performed Saradha & Jyothi performed their marriages before 1984 (Before NTR's Law) with considerable amount of gifts under pasupu-kunkuma. Later they performed my father Sreenivasarao marriage with my mother Padmavathi in 1987 and living jointly with my grandparents.

While So, Rajeswari became old it requires someone should take care of her. When nobody come forward my father along with my mother started looking welfare of her. She satisfied with my parents treatment and did settlement deed (2 Acres of land & House - Prathiphala sahitha) towards my father. My father taken care of her and performed all rituals with his own money when she passed away in 1994.

My father and mother continue stays in same house given by Rajeswari while our grandparents staying in their own house which got during partitions of grate grandparents properties. Despite of living differently house my grandfather and father sold one acre joint family property to our family needs. Joint family properties never distributed between my father and grandfather.

My father started cultivating 2 Acres of land, doing his own business like money lending (Half of amount is belongs to my mother which got under pasupu-kunkuma during her marriage) and milk business. We purchased few properties 
3 Acres of Agriculture land and 2 sites. 

House which we living was in bad stage and collapsed. So my father started constructing in same place by demolishing old house. He started constructing 2 house for his two sons myself and younger brother Subhash.

Unfortunately My father passed away in 2004 leaving behind my mother, myself, younger brother and grandparents Venkatanarayana & Subayamma. Then My mother took charge of our family assets. Due fo family debts we sold 1 site in 2004 and cleared all. All expenses born by mother during rituals of my father.

My mother taking care of us and still our grandparents are staying separately and not looking at welfare us. They enjoying all joint family properties and not given any single penny to us. But we still manage to our self with those our father earned and got through gift deed.

While So, Our grandfather also passed in 2008 due to health issues leaving my grandmother, my mother, myself and younger brother without executing in settlement. Again all expenses including medical and ritual born my mother and my grandmother didn't given any single rupee from joint family properties. We born all expenses by taking dept. My mother sold Agriculture land an extent of 1.20 Acre to clear all depts. which are taken utilized for our grandfather.

After grandfather, grandmother took charge of joint family properties and enjoying herself and didn't offer a single rupee to us. Aunts Saradha & Jyothi also living in same village. Saradha had a son and Jyothi had a daughter. 

Joint Family properties:
3.5 Acre extend of Agriculture land
Old House in 0.2 cents
9 cents of vacant land (Pasuvula Koshtam)
RCC building in 0.2 site (Even though it is joint family property house is constructed for aunt Jyothi by our grandfather as she divorced)

In 2010 when my grandmother also falls eye illness my mother took care of her and got performed eye operation with my mother own money not with join family properties, grandmother stayed with us few months. After grandmother asked my mother she wants to live separately iin same old house and can able to manage herself. My mother said agreed.

Due to misunderstanding, My grandmother did settlement deed to our both aunts and their children without informing us. Out of above mentioned joint family properties 1.34 Acres agriculture land gifted to Saradha, 2.15 Acres of agriculture land, Old House in 0.2 cents and RCC building in 0.2 site to Sumalatha who is daughter of Jyothi. Cash also given to Sumalatha by grandmother which is she got after selling 9 cents vacant land to third party. We came to know about this after few years.

Either My father or we didn't get any single rupee from joint family property. We had placed in front elders in our village to get our share but it's of no use.

Initially I had a thought our aunts had no share as their marriages happened before 1984. But when I consult a lawyer and came to know about law made in 2004. So, I agreed to give their share and requested file a suit to get our father share. We gave a notice them to get share from Joint family properties. We're not included properties earned by my father and which he got through gift settlement.

Now, they answered stating there are few other family properties which we're not included (i.e. Properties earned by father on his own business and got through gift settlement). They included properties sold by grandfather & father (1 Acre), my mother(5 cents vacant site & 1.2 Acres of Agriculture land which she sold to clear depts. taken during rituals of my father and grandfather).

Now, I request you please help me in advising how should I proceed further in way to secure my father own assets not leaving a single rupee to my grandmother and aunts as he earned those with his blood along with my mother. I just need my father share from joint family properties and I don't want single paisa from my aunts share.

Also please help in clarifying below doubt.

I came to know even though daughters marriages are happened before 1984 if settlement not taken place between father & son ultimately daughters also will get share when settlement happened as per 2004 law.

I want to understand Law made in 2004. Please help with any article or explaining me. 



 1 Replies

G.L.N. Prasad (Retired employee.)     09 April 2019

This is an online forum that provides simple clarifications or guidance.  All partition suits have lot of facts/law and to be considered in a chronological manner and should be compared with facts stated in the document.

Even for an expert in this partition suits, it requires a minimum of 5 hours for drawing up a family tree, for studying the documents and for noting the contents.

I am afraid that no expert in any forum can provide guidance with some posts when advice has to be given after studying several facts and law.

Please consult a local advocate, if you want a remedy and always keep property matters confidential within your family and advocate.

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