Property issue
KRISHNAN
(Querist) 17 December 2012
This query is : Resolved
Dear experts,
I am an Advocate enrolled a year back. My mother got married during 1987 and my mother and father separated during the year 1991, since he has attempted suicide due to his torture and bad habits. On that time it has been just mentioned in the non judicial stamp paper and they kept separated. Till date no divorce has been taken place but during the year 2001 he got married without getting divorce and now he have two children. But my mother without getting another marriage, she has brought up myself and my brother as an Advocate and an Engineer by overcoming great hardship and only with her hard earned money. My Brother studied only by getting an educational loan. This year only he completed the course. My father's mother (grand mother) and father (grand father) had expired just before 4 to 5 years. My father's mother died left some properties which are bought by herself with her hard-earned money and property stands in her name only. We came to know these things from some of the relations. But we are just know that those properties are in Thirukazhukundram(Chennai). But we don't aware of the S. Nos and no other details. And also don’t know the other property details.
Hence i want to know what kind of rights we are having over the property?
My Mother is having marriage invitation and letters sent by my father, then the separation detailed in non-judicial stamp paper and a photo with my father?
Whether this is sufficient to prove he is our father?
Now we came to know that they are selling those properties, so whether we can file a suit against them?
How can we find the S.Nos. of the property owned by them and other details of the property?
Kindly suggest me experts.....
Guest
(Expert) 17 December 2012
Separation via stamp paper is not valid. If your grandmother has not left any will, you have the share in the property. You can send a legal notice to your father for partition of property. To find-out the details of the property, you will have to seek your relatives assistance,once you gather the property details, you can proceed further steps, like filing suit for partition, etc.,
KRISHNAN
(Querist) 17 December 2012
Thank you for your reply sir. Is there any other way to find the property details other than relative's assistance. Because all the relatives are in his favour. They won't provide any details against him. Is there any possibility of questioning the validity of my mother's marriage. Because we are living separately from him, since 1991.
Raj Kumar Makkad
(Expert) 17 December 2012
As those properties were purchased by your grand father and mother out of their own earned money so those properties are not ancestral in the hands of your father and those shall be treated as persona properties on your father and he is free to dispose off as he wishes and you have no right to claim therein.
KRISHNAN
(Querist) 18 December 2012
Sir,
Since my grand parents were died without leaving any will. How could my father dispose of the property. As a grand children we are also have a share in that property, is it?
ajay sethi
(Expert) 18 December 2012
if your father is sole legal heir he can dispose of yopur grand father self acquired property . you have no share
KRISHNAN
(Querist) 18 December 2012
No sir, he has a sister and brother. Whether i have right after my father's demise?
Guest
(Expert) 18 December 2012
Kindly pardon me for the over-look of the fact in the query, "My father's mother died left some properties which are bought by herself with her hard-earned money and property stands in her name only."
Mr. Makkad's direction is right.
Relevant portion of the succession act is :-
'14. Property of a female Hindu to be her absolute property.–(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
Explanation.–In this sub-section, “property” includes both moveable and immoveable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a Civil Court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
15. General rules of succession in the case of female Hindus– (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Sec. 16,–
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother,'
since your case falls under '(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;', your claim cannot sustain.
Once again sorry for the error on my part.
ajay sethi
(Expert) 18 December 2012
you have right to your father share in property . but your father cna make a will and bequeath his share to any one he so desires
KRISHNAN
(Querist) 18 December 2012
Please don't ask sorry and all sir, thank you for your effort sir. What is the situation if it is the property of the grand father sir.
ajay sethi
(Expert) 18 December 2012
thanks for your appreciation . your query is resolved now
Raj Kumar Makkad
(Expert) 18 December 2012
Same legal position is about the properties left by your grand father as all his properties were his self acquired.
