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Akila (Software Engineer)     20 October 2012

Request to provide answers for my doubts

Hi 

My grandfather had bought lands on his own. He has two male children and 4 daughters. My dad is the first son. I have an elder brother and elder sister. 

My uncle(dad's brother) has nly one son.

In small age, my dad used to study well, he studied in govt school and does farm work after returning from school. My dad's brother didnt study. He didnt like to study so from 2nd std he didnt go to school and was helping grandfather in farm work.

Over a period of time my grandfather has bought lands in his name. By 1991 both my dad, dad's brother and  daughters got married.

So in 1991 my grandfather did Bhaga Pirivinai. In the Bhaga Pirivinai he has written clearly that these are the lands that will go for my dad and these are the lands that will go for my dad's brother... 

Since my dad's brother didnt study my grandfather gave 1 acre extra for him compared to my father in 1991 itself.

after doing paga pirivinai my grandfather had some of the lands in his name.

he had written uyil for the lands which was in his name in my brother's name and uncle's sons name...

But recently my grandfather broke the uyil and gv some of the lands for my dadsbrother since they asked.

my dad registered the lands which he got through bhaga pirivinai in his name on my brother's name and a house on my mom's name.

Recently my dad's brother was asking for the house of my father freely for them.. since my dad was not interested to give they have filed a case against my dad.

My uncle's son has filed a case against my dad saying that Bhaga pirivinai was not done properly and that my dad has got extra property by mesimerizing my grandfather.

What they have done is, watever lands which they got through bhaga pirivinai they have sold most of them and showed only those assets which were remaining as their current property in the case as the only properties from bhaga pirivinai.

My doubt is..

1) my grandfather is still alive. can a grandson claim property when my grandfather and his father is alive.. they have showcased in the case as my dad's brother as uneducated. and we have cheated him by giving only little.

2) In the Bhaga Pirivinai of 1991my grandfather, my dad and my dad's brother have signed. Can my grandfather now say the old bhaga pirivinai is wrong I wanted to do it again ?

3) Since my dad ws not interested to gv the house in native to my father's brother, they have also filed a case against the House which my dad got in chennai. My dad bought the land through loan and he also constructed the house through Loan and he has repaid the loan through his own earnings in govt job over a period  of 10 years.

Pls provide answers for my doubts ..

Thanks

Akila.



Learning

 8 Replies

RAHUL KANSAL 9041629676 (ADVOCATE)     21 October 2012

helloo akila ,

                           i think can help yopu but i have some doubts about the terms you have used like Bhaga Pirivinai.written uyil  etc etc so if you really want any  answer then contact me .

RAHUL KANSAL 9041629676 (ADVOCATE)     21 October 2012

helloo akila,

                       i have read your problem i think i can help you but first i have to clear some tearms which you have used in your question like written uyil  Bhaga Pirivinai. etc som if ypou want any help then you can contact me.

Akila (Software Engineer)     21 October 2012

Uyil means "Will" and Bhaga Pirivinai means "Partition of Joint family properties"

K.K.Ganguly (Advocate)     21 October 2012

How can your grand father partition the land which he owns? It might be settlement or Will. If your grand father is still alive, he can change his will.

Akila (Software Engineer)     22 October 2012

My grandfather gave some of the lands as settlement for my dad and my dad's brother. My grandfather still has some lands in his name.

RAHUL KANSAL 9041629676 (ADVOCATE)     22 October 2012

helloo akila,

                          as you say that your grand father is alive then he can do any thing with his proprerties and no one claim anything

RAHUL KANSAL 9041629676 (ADVOCATE)     22 October 2012

and it is not understood how your father and your uncle got registered the properties on theiur name only on the basis of the will if your grandfather is still alive.

Akila (Software Engineer)     22 October 2012

It is not will. It is called as "Bhaga Pirivinai", in that document, it is written all the assets were brought by 3 of them together(My grandpa, dad and uncle) and also written that these will  properties belong to my elder son(my dad) and these properties belong to my younger son(my uncle) and here after it is no more a hindu joint family.

My dad said Bhaga Pirivanai is partitioning of joint family assets but the assets were bought in my grandpa's name.


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