declaration of self acquired property
shobha
(Querist) 27 June 2011
This query is : Resolved
Sir,
My husband has filed a suit for dclaration of his self acquired property in his home town along with partition for ancistors property..We are living seperately from the joint family and we both are working in an autonomous body and getting monthly salary sice from our marriage ie., 1991. My husband has purchased 16 guntas of land in his name at his home town during1995. He has constructed a small house there for the residential purpose of us whenever we visit the village. Prior to this our father in law who is still alive had sold some portion of his self acquired property for repayment of loan borrowed at the marriage time of my sisterin law. But in the sale deed it was mentioned that the property is being sold for the sake of purchasing a new property. Now consequnt to filing of a suite for declaration my brother in law and father in law who are now residing in that house are disputing that the land which is purchased by my husband also belongs to joint property and also the house constructed by us there. They have left the old ancistors house and started living in our house after this dispute. Even they are not allowing us to go to our house. He (MY husband brother)has even tried to file a criminal case against my husband and also lodged police complaint for dowry case from his wife. Sir we very much suffered from all these incidents please guide us to come out from this.
prabhakar singh
(Expert) 27 June 2011
suit filed for declaration of his self acquired property in his home town along with partition for ancistors property is okay, if possession is also prayed with respect 2selfacquired property and damages for wrong full dispossession .
R.Ramachandran
(Expert) 28 June 2011
Yes, I agree with the views of Mr. Prabhakar.
You have to have sufficient proof to say that it was self-acquired property and the construction was from your own funds and not from the funds of the Joint Family.
