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Aman Shaikh   04 February 2023

Self aquired property

Hello, My father  had purches a property at the age of 19 

In 1989 and transfer his property to my mother on the basics of gift dead, my uncle n aunties had put the litigation on the property for the partition. They have the right for partition, and should I give my property to builder for the (JV) joint venture or should I sell the property. Or I chace to get Stay on my property whilst doing (JV) . 


 12 Replies

Shashi Dhara   04 February 2023

It becomes your mother's property ,no one has right over that defend in court ,I think you belongs to Muslim.

2 Like

Aman Shaikh   04 February 2023

Yes ( shashi dhara mam) 

Advocate Bhartesh goyal (advocate)     04 February 2023

Yes, your mother is absolute owner of property, she can transfer it as per her wish.Partition Suit filed by your uncle and aunts isnot maintainable as they have no right and share in property.

2 Like

Aman Shaikh   04 February 2023

Should I give my property  for construction or I have a chance to get stay from the court 

Shashi Dhara   04 February 2023

As your mother is absolute owner she have right to  give to construct ,stay is not necessary as it is in court ,defend strongly in court  .

1 Like

Aman Shaikh   04 February 2023

Ok shashi mam thanks

Dr J C Vashista (Advocate)     05 February 2023

I fully agree with experts hereinabove, your mother is absolute owner of the property donated by her husband (by way of gift) which was purchased by him.

The suit for partition (if any) filed by anyone shall not stand and would be dismissed.

How do you claim to succeed your mother for proposed JV or intended sale ? 

Aman Shaikh   05 February 2023

If the plentiff prays the court for stay during construction by telling give is a stay on the property  untile n unless the case come to the final stage

Shashi Dhara   05 February 2023

If plaintiff prays you strongly oppose for stay ,court cannot grant stay because you are governed by Islam family law ,it don't recognise joint family or ancestral property ,it recognise who owns property in his name belongs to him only.

1 Like

Aman Shaikh   05 February 2023

So I can give my property for construction

Dr J C Vashista (Advocate)     06 February 2023

The facts posted by you are vague and not understood.

It is advisable to consult your lawyer who is well aware about facts and circumstances of the case, an intelligent, competent and able besides the fact s/he is duty bound to satisfy your question(s) / query (ies) if any. 

Aman Shaikh   06 February 2023

I can clear u if u want sir (JC Vashista). I can reexplain

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