LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yogesh (service)     02 July 2009

Need Help on Property Dispute

Dear Sir,

I want a legal opinion on a property dispute between my father & his uncle. This case was originally filed by my grand mother against my grand father's brother. My grand father died very early & as my grand mother being pregnant at the time was at her maternal home. She never went to her inlaws place. No male member of the family were major at the time. Due to this reason all the property went under the malmatdar on sangli (at the time belgaum was under the sangli court) after my father's uncle turned 18 yrs all the propery (namely agricultural lands, shops, house, cash & jewellery etc) was handed over to him. My grand mother never received any kind of maintenance from the family. So elders & well wishers of the family asked my fathers uncle to give some maintenace. He agreed to give Rs. 50 as maintenance. This was in the late 1930's. My grand mother side of the family we very lower middle class ppl & she had to bring 3 children on her own. She asked my fathers uncle to give Rs 100 as maintenance but he refused to do. This went on for quite a long time. Then in the year 1942 my grandmother put a case in court for divison of property. You might well be aware that how tedious & lengthy the indian court procedure is. After my father & my uncle reached the case wa transfered to my uncle & my father. It took nearly 30 yrs to get some kind of justice. In 1971 the bangalore high court passed the consent decree where the properties were divided. The valuation of the agricultural was suppose to be done by appointing a court commissioner & whosoever's valuation was more was suppose to give the excess amount so as to make the same equal. That as never done since my fathers uncle never approved of any commissioner appointed. due to bad financial condition my father & my uncle left the matter hanging & some of what properties which was received was sold by my father & my uncle. My father;s uncle enjoyed all the profits till the date. my fathers uncle new worked for a single day in his life. his was getting pension supposedly for being a freedom fighter. this march 2009 my fathers uncle expired. beforehis death he gifted the house to saraswat samaj alongwith cash of Rs 25 lacs. my father expired on my 29th 2007.

my question is can i contest the gifting of house & cash in the court of law. If so how do i go about doing it. Plz guide me in this. I am trying to get the papers from the court but im not getting them. plz help in this regard



Learning

 4 Replies

sunaina (Lawyer)     02 July 2009

Hi Yogesh,

I am not able to make out as to what was the High Court Judgement and its consequences. In broader view, it appears that your uncle held ancestral property and he cannot gift the ancestral property. Hence you can contend the gift, subject to HC decision. If the division of property/partition of property was taken place in event of HC decision, then you will be entitled only to your fathers share in property.    

yogesh (service)     03 July 2009

Dear Sunaina,

Thanks for your prompt reply. The consent decree was passed by the High Court Bangalore in the year 1971 where in the said property went to him... the final decree is yet to take place......if the property went to him does he become the absolute owner of the property to do as he pleases even if the final decree proceedings are not over......also what are provision for gifiting anything to anybody outside of close relatives....

My father used to handle all the legal proceedings.....he kept me out of loop on all the legal matters.....after my father expired i am trying to get everything in order......i do not have any documents to study or get legal advice. Regarding the agricultural lands ... the high court had asked to appoint a commissioner to valuate the lands & whoever's share was more will pay the diff so as to make the share equal.....this was never done.....also regarding cash & other jewellery the high court said this will have to be contested seperately.... i believe my father did not contest the same as our financial situation was not very good. what ever we got from the consent decree (i.e shops, a house ) was sold to pay for the lawyers fees & debt's. The income from the agricultural lands was received for only one year ....the very next year the congress govt passed legislation on land reforms wherein the a farmer who tills the land shall become the owner....as a result we lost all the lands..... what do i have to do to get last status of my case.........

yogesh (service)     03 July 2009

Dear Sunaina,

Thanks for your prompt reply. The consent decree was passed by the High Court Bangalore in the year 1971 where in the said property went to him... the final decree is yet to take place......if the property went to him does he become the absolute owner of the property to do as he pleases even if the final decree proceedings are not over......also what are provision for gifiting anything to anybody outside of close relatives....

My father used to handle all the legal proceedings.....he kept me out of loop on all the legal matters.....after my father expired i am trying to get everything in order......i do not have any documents to study or get legal advice. Regarding the agricultural lands ... the high court had asked to appoint a commissioner to valuate the lands & whoever's share was more will pay the diff so as to make the share equal.....this was never done.....also regarding cash & other jewellery the high court said this will have to be contested seperately.... i believe my father did not contest the same as our financial situation was not very good. what ever we got from the consent decree (i.e shops, a house ) was sold to pay for the lawyers fees & debt's. The income from the agricultural lands was received for only one year ....the very next year the congress govt passed legislation on land reforms wherein the a farmer who tills the land shall become the owner....as a result we lost all the lands..... what do i have to do to get last status of my case.........

sunaina (Lawyer)     03 July 2009

Hi Yogesh,

Actually it is difficult to give any advice with out examination of documents. However, for your knowlege you can consider my advice and proceed further;

Go through the consent decree issued by HC and know what all properties have already been divided between ur father and uncle. U cannot claim any property which has been in favour of ur uncle in that decree. Ur uncle legal heirs can claim such property which has come to share of your unlce. If the house now gifted to samaj is property which your uncle got by HC decree, not that u cannot claim it. Suppose if that house is still subject matter of litigation not been divided amongst both then u can content that gift. Check in whose name the house is and in whose name it was. And you cannot do any thing with agricultural land as government has passed legislation  in respect of it. Consult lawyer with document to guide you in proper way.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register