Property question

manjupatil (Querist) 30 December 2013 This query is : Resolved
Hi There

I'm an NRI, I have 2 questions 1. I have grandfather's property in India, my father registered 12 acres land to my mother and 20 acres land still on my fathers name both are my Grandfathers property. Now they are threatening that property belong to us we will give it to daughters(my sisters). If the property is given to my sisters,do I have right to go to the court please advice how to stop this. 2. My Aunty(My fathers sister) given some property to my father as a gift property. Do I have a right on this property please let me know.

Thanks !

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Dr J C Vashista (Expert) 30 December 2013
a) Yes you can go to Court and protect your share.
b) The property gifted by your aunt (bua) to your father is self-acquired property of your father. He may give you some/any or no part to you which is not matter of right.

Incomplete facts and vague query such as
1.How did your father registered 12 acres land to your mother.
2. 20 acres land in your father's name, how about the share of his sisters in your grand father's property i.e., inherited?
3. Now they are threatening, who is extending what type of threat?

manjupatil (Querist) 30 December 2013
Thanks for the prompt response.
Sorry about that here are more details.

1. Actual share to my Father was 32 acres from my grandfather's property,later on to avoid Ceiling he transferred 12 acres on my mothers name. And remaining 20 Acres he kept as is.

2. Total 32 acres was after every one's share(his sisters & brothers).

Now my father itself threatening me saying you don't have any share in this property. I'm giving to daughters(my sisters).

additional questions:
1.Since I have family with one kid, how much share I'm eligible in overall 32 acres.
2.Father sold out my grandmothers property four acres and he did not give anything to me can I claim that in remaining 32 acres please let me know.

Appreciate your help!

Thanks!

manjupatil (Querist) 30 December 2013
To add more ....my sisters are married has been 20 years, we have given dowry too.

Devajyoti Barman (Expert) 30 December 2013
He can not deprive you from your share if the same is ancestral one.
You can nit do anything about your aunt's property gifted to your father as the same would be treated as self earned property.

If you are NRI and settled in abroad then I think you should concentrate in your career and earn property on your own.
Let your parents do what they want. You must have no death of money.

ajay sethi (Expert) 30 December 2013
you are doing well in life . let your father bequeath the property as he wishes . you have no right in your father or mother property . as far as property owned by your grandfather is concerned you have not mentioned whether it was inherited by your grandfather from his forefathers or it was self acquired by your grandfather

Rajendra K Goyal (Expert) 30 December 2013
You have no right on the property gifted by your aunt. It would be self acquired property of your father.

For ancestral property you have your right.

R.K Nanda (Expert) 30 December 2013
agree with experts.

T. Kalaiselvan, Advocate (Expert) 30 December 2013
Since you have not mentioned that whether the grandfather's property was his self acquired or ancestral property, assuming it as your grandfather's self acquired property, your father was given a share out of the said property and this share of your property becomes your father's own property conferring him with the title as an absolute owner, having full rights over the property, your father can dispose the same as per his own sweet will and desire to any one including bequeathing it to any trust etc. Your paternal aunt's gifted property again becomes your father's exclusive property and his enjoyment over the same cannot be interfered by any one. If you want a piece of land or some property, take care of your father in his last days, convince him of your affection, win over him and try for the same.

manjupatil (Querist) 30 December 2013
Thanks All for your kind response, yes I'm taking care of my parents I built Villa for them monthly sending 20000, but still we have some conflicts.

I'm not sure its ancestral or not I need to find,in this case my son have rights I guess.

T. Kalaiselvan, Advocate (Expert) 31 December 2013
Do not make any wild guess, once you do not have any right, how do you say that your son will acquire any right over the property vested on your father now?, even he cannot claim anything.

Devajyoti Barman (Expert) 31 December 2013
They are your parents. Even if you give everything you can not repay their debt.

You have well established in life. Now please let your parents live in peace in whatever manner they want.

ajay sethi (Expert) 31 December 2013
dont expect any thing in return . your sisters must not be rich . hence your parents want to bequeath land to them . continue supporting your parents .

manjupatil (Querist) 31 December 2013
Who said they are in debts I'm in debts. I'm seeing law points but everyone giving personal suggestions looks like I'm in wrong forum.

Anyways thanks all for ur time.

manjupatil (Querist) 31 December 2013
Dr JC Vasista & Rajendra K Koyal seems correct according to law appreciate your answers. Remaining all given their personal opinions instead law sections however thanks for your time.

FYI I'm in debts not them if NRI means we r not printing money here, so without knowing facts please don't give personal advices.

Thanks!!

ajay sethi (Expert) 31 December 2013
you are not aware as to how your grand father acquired 32 acres of land . whether he inherited it from forefathers or it was self acquired . cross check your facts . if it was your grand father self acquired property and your father acquired by inheritance you cannot claim any share as already advised to you earlier .

thanks for your appreciation

Devajyoti Barman (Expert) 31 December 2013
Before making advising fronts all of us advised in legal points only. It appears you did not like those.

Dr J C Vashista (Expert) 01 January 2014
I wish all the members a Very happy, healty and prosperous New Year

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