Reg: grandfather's property
vijay
(Querist) 13 March 2013
This query is : Resolved
Sir my grandfather died before 8months.. He have two sons and 5 daughters... He gave by money and jewels for his daughters by solding a land which has been kept for girls equally.. In the year of 2011 he had wrote n gave the land of 4.35 acre in full settlement basis for his younger son who is my uncle without informing to my dad or to my family.. V got to know tat my grandfather fooled us after his death only... Is there any law for getting the land back... I'm conformed tat the land wrote n gave to his younger son in ful settlement basis has been buyed by his own in the year of 1991.. Now whn i ask my uncle about land he tellg i wrote by ur grandfather on me So ill not give little bit of land too... In this case my dad have three sons n my uncle have one son.. How v can put case.. Whether to divide the land in 4 equal parts or two equal parts.. My uncle was farming and earning in the land for more than 21years without giving us a single rupee...Pl intimate me wt are the laws there for this to get property back n wt are the punishment... So, as ur replies v dont hv rights on our grandfather's property???
Advocate M.Bhadra
(Expert) 13 March 2013
If the property is self acquired and belong to your grandfather then your grandfather can transfer his property by a registered deed of gift,sale etc during his life time.So,your uncle after became a owner of the said property he can sell,gift etc to others.
According to the law for Hindus,self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.
ajay sethi
(Expert) 13 March 2013
agree with bhadra . your grand father is not required to inform his other children if he desires to gift to one son piece of land . it is his property he can depose it as he pleases . was deed of settlement duly stamped and regd?
Raj Kumar Makkad
(Expert) 13 March 2013
Your grandfather was free to deal with his self acquired property as he did during his life time so your father or you all have no legal right to get any property from your uncle.
Devajyoti Barman
(Expert) 14 March 2013
Since it is is self eared property, he can do whatever he wants with it.
vijay
(Querist) 14 March 2013
Sir , since v r his grandson's who are major at the time of he transferred to his younger son... So v hv no rights legally to ask our grandfathers property ???
Anirudh
(Expert) 14 March 2013
NO. YOU HAVE NO LEGAL RIGHT.
Raj Kumar Makkad
(Expert) 14 March 2013
Vijay! don't be offended. You take this example upon yourself. If you purchase any property out of your own income and during your life time you want it to transfer in the name of either of your children, you can do so without objection from other children because you have not inherited that property from your forefathers.
prabhakar singh
(Expert) 14 March 2013
All experts have rightly and unanimously opined stating correct position of law.
Please do not get agitated.Had your grand father inherited it from his father you could have stake a claim but it is not so as he made it from his own earnings.Hence it was his choice how to deal about it.
You are crying for you heard of coparcenary that gives right by survivorship.What if you were not born in Mitakshara belt but in belt of Dayabhag school belt where this law is not applied and no body talks of right in grand father's property.
Try to understand law is law and if does not support you,we are helpless then.
You shall not get any thing even if any of us opine in your favor for your solace.
