ancestral property & family arrangement
Querist :
Anonymous
(Querist) 25 August 2024
This query is : Resolved
Party1 is my (Male, 50) family, and the counterparty (father, mother, my late brother family). No sister. Party and Counterparty are resident of Hinjewadi, Pune but originally from Bihar. My mother is abusive to relatives, elders, her uncle, or anyone not obeying her including husband. I have call record (digital copy) of my late brother to prove she is abusive and beats her husband. She pressure on everyone except my immediate family.
Four years ago, we sold an Ancestral property (Bihar City) based on written family arrangement (20% to each son, and 30% on father name with my son as exclusive nominee, 30% to mother with my brother’s son as exclusive nominee). Tax return, subsequent calls(digital records with me) all are in accordance with that, and family members, particularly my father frequently appreciated it.
Six months ago, I agreed to the sale of other Ancestral property in Bihar village on the condition that the sale would be done as per earlier family arrangement. Furthermore, when my father was in good health, he wrote a separate plan on a paper stating 50-50 split between two sons with a small gift deed to a helper, which all of us had agreed verbally. (Have his call record, confirm 50-50 split).Helper gift deed done by father recently, as per plan.
Four weeks ago, my mother fought with me and tried to frame me in false criminal case and usurp all properties as a revenge to not obey her. The counter party (my father under pressure I assume) joined and planning to deprive me of my rights. Counter party received advance payment in joint account despite my objections (to them and also to buyer).
Helper (gift deed) , buyers of property all confirmed on call (I have records) that it was to be 50-50 between brothers, payment was supposed to be at time of registration.
My lawyer served counterparty with a notice for criminal breach. In their reply, counter party lawyer offered me 1/4 as a charity (without any liability to them) once sales is registered. They falsely claimed that I have received excess payment for previous City ancestral property deal as I was in need (false). Just now, I have responded with transcript of all calls and proof, Tax records, bank transactions that all allegations are false. Money is no more important but being right or wrong so, we outright rejected their offer.
Counterparty are financially ok. I want to get exactly as per family arrangement, not a Rs more not a Rs less. In my reply/ replication, I have withdrawn my assent to the sale of village ancestral property as they are cheating. Now my father is too old, he, under pressure, may say that he won't agree to his own written plan even though he already followed it while gifting helper.
(A) Can my father insist a different distribution from agreed family plan, and his own written plan, verbal agreement (recorded)? Or he can not deny for this village property under discussion but, he can insist 1/3 to me for all remaining Ancestral property? (Note: as said above, he made a gift from this village ancestral property as per his written plan which is allowed if coparcener agreed. My approval was subject to following full written plan.
(B) My lawyers is saying (1) my case is good for criminal breach (2) But first file for injunction ( go to village, 2000km from Pune) as per rights. But if it is injunction, I want to seek not 1/3 but as per family arrangements. If court accepts 1/3 only, I do not want to injunction, but file file criminal case. I have few dozen call records, two signed documents etc to prove my point. Kindly suggest best course.
(C) My lawyer says that I can file criminal case in Pune as all parties are located here.
Please advise on three points above. Thank you.
T. Kalaiselvan, Advocate
(Expert) 25 August 2024
1. If it is your father's share out of his father's property then it is not ancestral property, in that case he can very well decide what is to be given to whom and how, the others do not have any right in it.
The matter written in a piece of paper is not legally valid.
2. The criminal case for breach of trust will not fetch you any results that you desire.
The injunction suit is also not maintainable instead you can file a suit for partition and claim your share in the property as per law.
3. In the name of filing cases against your people do not get trapped by incorrect or wrong advises, no criminal case is maintainable in yor location if the cause of action arose at a different place
Querist :
Anonymous
(Querist) 26 August 2024
Dear Sir, thank you very much for your prompt reply, and appreciate you providing detailed answer. Few clarifications : (a)The village property under discussion as well as the remaining village property are “Khatian properties” that were in the names of the mother of my father's cousin and other relatives. Through a family arrangement, my father received his share from his cousins 30 years ago. (b) The plan written on paper for ”the village property under discussion” is backed by verbal agreement, and also confirming audio records (non relatives) available. I believe as per SC judgement on Family Arrangement (including Verbal) would be tenable. Yes, I agree that, for the remaining village property (other than the under discussion), I have nothing more to show or prove other than rights to Ancestral property.
2. (a) Yes, agreed, the criminal case won’t provide me immediate monetary/ rights gain. But primary concern is to prove being right or wrong in front of law and society; money/ right might (or might not) follow it. (b) Regarding partition suit, I have been advised that if I (son) initiates, mothers get share too so, I will be left with quarter share. It is already being offered to me as charity, and I will prefer to take nothing if it is not according to written plan and verbal agreement for ”the village property under discussion”.
3. Small confusion on this point. Suppose if “A” verbally promises money to B in Pune (against his rights to an asset in Delhi), and B approached Pune court with proof that A is not true to his word. So, why Pune court can not entertain? Yes, if A says he reneged on his promise as B rights in Delhi are found not correct, in that case, B would be happily go to Delhi court as this would be more troublesome for A to deal Delhi court.
T. Kalaiselvan, Advocate
(Expert) 26 August 2024
you may discuss all such further questions of law with an experienced lawyer in the local and if you don't find proper solution then you can return with more questions.
