self acquired property and joint family property
baturki
(Querist) 14 January 2015
This query is : Resolved
A hindu father acquired property by his own independent sources. He alinated that property. He made 3 parts of that property under which 2 equally valued shares he distributed among his two sons and one large portion of property he kept on his name. He recorded all transactions in ROR. At the time of distribution of property no son of his was bachelor or issue less. One of his son sold his part of share which he received from his father. After 15years the sale is challenged on the grounds property is hindu joint family property and ancestral property. What is legality of this situation. Will this suit is maintainable? Will they get success? If yes how if no how please provide suitable rulings with it. Please guid me in this sir.
ajay sethi
(Expert) 15 January 2015
you have stated that it is self acquired property of father . he has entered into deed of family settlement with his sons . sale of property by son appears to be legal. we dont provide citations
Rajendra K Goyal
(Expert) 15 January 2015
Full case file and the related documents has to be referred, consult local lawyer.
baturki
(Querist) 15 January 2015
Sir first of all thank you I have come on conclusion of same what you advised I recently completed my degree in law and this is my first case.
baturki
(Querist) 15 January 2015
Sir ajay sethi sab any particular section which will help me in this
malipeddi jaggarao
(Expert) 16 January 2015
Mr.Baturki, no citations and section will be provided. You have to study and prepare yourself.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Who has challenged this property to be ancestral/huf property?, what is your case? are they saying that the father has wrongly settled his self acquired property?, please be more specific with details so that a proper guidance can be given.
