Legal rights
MANOJ KUMAR JAIN
(Querist) 14 September 2015
This query is : Resolved
My Grandfather were five brothers. His eldest brother purchased the property in 1914. In the property three brother including my grandfather were living with their families. In 1940 due to some disputes were arise and court case was filed for vacating the house by my grandfather brother's on them. Court has granted the decision in 1945 that house will not be vacated and the area which has been occupied by my grand father will be remain in his possession. My grandfather were having five sons and five daughters. In 1964 when he died he made the will in a plain paper that after his death the property will be in my grandmother name. IN 1975, the property were divided among the sons and daughters of my grandfather by mutual family settlement deed. The property were not got transferred since the court agreement in the name of my grandfather as well as later in the name of my grandmother.
My other grandfather who has purchased the property 1914 and filed the suit has one son who is still alive has sold the property of his father which were in his possession after the death of his father who has purchased the property.
Now the question here is
The property in which my father is living can be registered in the name of my father.
Are we have legal rights in the said property.
Is that property is ancestor property.
Can my father made the will for further division of the property among his sons in which my father is living.
Can we sold the portion in which my father is living according to the family settlement deed.
Please note that family settlement deed was notified at that time by the Oath Commissioner only. It was not registered at that time. Kindly advise.
rajagopal.s
(Expert) 14 September 2015
as per your statement, The property which was awarded to your grand father in 1945 by the court, was partitioned in 1975 by your father by a mutual family settlement deed. hopefully that was registered. If it is so, then the share of your father would have been ascertained and thereafter your father's heirs are legally entitled to enjoy/partition their respective sharers.
Kumar Doab
(Expert) 14 September 2015
Probably the court has decreed in 1945 in favor of your grandfather and the decision was never contested.
Decree by court of law is a process of law.
The property that has devolved upon the person in whose favor decree was awarded/the legal heirs…………….. it should become the sole/absolute property of that person…………………..and may not remain ancestral property. However it can be ancestral for the legal heirs of your grandfather.
If the WILL left by your grandfather was valid WILL and was given effect without any cloud on it then the WILL has been acted upon.
Moreover you have posted that ‘The property were not got transferred since the court agreement in the name of my grandfather as well as later in the name of my grandmother. ‘………………indication that property was mutated in the name of grandmother.
You have also posted that ‘IN 1975, the property were divided among the sons and daughters of my grandfather by mutual family settlement deed. ‘ If this deed was registered then the portion that your father has should be his self acquired property…………………..and he can register it/should have registered it in his name. Once the title is in his name he can give it away in his life time to anyone by WILL,sale,gift etc……………….
It shall certainly be appropriate to show all docs on record to an able lawyer specializing in such/family/property/revenue/civil matters and give inputs. The lawyer that has examined the docs on record and inputs can advise you the best.
You may wait for the advise of other experts/members.
Rajendra K Goyal
(Expert) 14 September 2015
All documents and details need to be discussed with local lawyer in view of the family tree legal heirs, details of the court decision etc.
