SANDEEP1 03 February 2018

Property

Hello sir i have a small query , there is a property which belongs to my grandfather ,he has 4 sons ,and one daughter During the initial stage there was agreement stating that these two house were belong to my father and one elder brother and other two were gave one site , In that site they constructed a home and belonged , one brother sold that property the other brother is still in that home Now the begin ,as last year my grand father made some portion to their daughter and remaining two home were transfered by way of gift to me(grandson) and other grandson(my dad bro son) Now my dad constructed a house in other state as we living here , The question is as reaming grandson ( my dad bros sons ) were telling i have right to this property what it mean ..this is my father house how can he sue?

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2 Replies

Kumar Doab (FIN) 05 February 2018

Is grandfather is owner/title holder and alive?

Are the mentioned properties given by grandfather and still with grandfather his self earned/acquired property or ancestral?

Which personal law applies say Hindu? Or all you are all Hindu?

What is this agreement that you have mentioned? Is IT some registered agreement/partition deed/settlement deed etc ?

What is this portion you have mentioned? Is IT some registered agreement/partition deed/settlement deed etc ?

Is the said gift deed registered?

Your dad constructed the house with his self earned/acquired income?

Your dad bought the land for construction of the house with his self earned/acquired income and the land is registered in his name?

Kumar Doab (FIN) 05 February 2018

Generically Speaking; If your father did not invest joint family funds but bought land from his self earned/acquired income and the land is registered in his name and he constructed the house with his self earned/acquired income…………….then NO one be it even you………have any forced share in IT.

Ask your father to keep proof of source of funds with him.

If anyone stakes any claim your father should be able to defeat the claim on merits.