Sri ( ) 21 October 2010

Ownership of the property - father vs family

Dear All,

We are father, brother, I and sister. We siblings are majors.

My father says he can revoke the property he bought for my mother using his money. The money again is not his but from the sale of the ancestral property of his father's/grandfather's. Dad says that it is his money (he earned it seems) and has rights to take back the property from my mom and also sold certain portions of the property. I know it is not a not a gift. Does he have any rights to take back and sell the property?

Mom had 5 acres.

Out of 5 acres of my mom's land (Dad changed the name of my mom's land to his name fraudulently), he sold 1 acre. Sister has already got 1.75 acres out of the settlement between my mom and sister back in 1989. But that document was never registered with government. My father says my sister does not have any rights in my mom's land since she got the 1.75/5 acres through settlement from my mom's property. Is it true? Is that settlement means my sister cannot claim anything from my dad's property? Note: - Settlement is only for my mom's property.

Also my father has property (3.0 acres) on his own name. He did not give any share to any of us and sold 1 acre to 3rd party in 1998 more than his share (0.75 acres) without our consent and we brought back the land from the 3rd party in my name and brother's name. We have filed a suit to divide the remaining property (2.0 acres) among the three of us (father, brother and myself). Now he claims that we have justified his sale and he has 1/3 rights in the remaining property (2.0 acres) and claims that our sister does not have any rights. Did I and my brother recognize the sale of my dad's? Does my sister forfeit her right on my dad’s property?

Dad is selling the property during the suit pending in front of judiciary? Is it legal?

Now sister is claiming that she too has a share in 3.0 acres. My sister is not involved in the purchasing back the land from 3rd party (that means she did not recognize the sale). If my sister's claim is successful then does it means all sale by my father without our consent be nullified? If yes, what share would each of us (my father, sister, brother and I) get? We claim dad has exhausted his share by selling 1 acre and now we 3 siblings are entitled for whole 3 acres. Please clarify me. Thanks for your time and valuable advice.

Thanks,

Anbu.

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7 Replies

Sri ( ) 21 October 2010

I forgot to mention. My mother has written a will in my name and my brother's name. Still my father calims that he has rights in that property? Is it legal?

Sri ( ) 21 October 2010

Also 1.75 acres for my sister is registered but the settlement deed that my sister has no rights hereafter on any proprty is not registered.

(Guest)

Indira Gandhi was the biggest land grabber. She struck off Right to property as a fundamental right contary to Vedic texts. Property can be acquired by the government for Rs 1/- compensation. Nobody except the stupid dynastic rule has the Right to Property. [Learn to diferntiate between Satire and cynicism ]. Gone over your head?

adv. rajeev ( rajoo ) (practicing advocate) 21 October 2010

When the properties are your mother's name it amounts to her self acquired property. Your father cannot take back the property from your mother. It is not playing toy.

If it is ancestral property then you all got share in the properties.

During the pendency of the suit your father has sold the property , in such cases you have to make the purchaser as party to the suit.

If you have got will in your name it came into operation only afther death of the executor. At present you have no rights.

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R.Ramachandran (Advocate) 21 October 2010

Dear Shedevilonline,

In what way your answer is relevant to the question posed by Mr. Arasu?

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Sri ( ) 21 October 2010

Thank you, Sir. My mom is dead. Can we say that my mom's property is bought by the money/gold given by her parents, but no evidence for that. My dad also cannot prove that this is his money because that property was bought from 3rd party and registered under my mom's name and nowhere my dad's name involved in the document. So I assume my dad cannot claim he property apart from your point. Money is ancestral but property was acquired by that money.

R.Ranganathan (Advocate) 25 October 2010

Mother's property is ancestral means others also have a right in the property. But you state that there is a Will executed by your mother. So it has to be taken as per the Will unless and till the fact that the property is having ancestral nuclei is proved by your father. You wait and watch the proceedings. Your father's property if it is self acquired, you just don't worry about it. You say that he has sold 2.0 Acres and you have purchased it from the 3rd party with your own money and so it is yours. Regarding the balance, it will come to you automatically, if he dies. But if he wants to sell it, he can do it, if and only if it is his self acquired property otherwise not.

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