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Property matter

(Querist) 07 December 2011 This query is : Resolved 
I was having ancesstral house which was in name of my Grandmother & my Father. My Grandfather gave some advance money for the purchase of this house & then he expired.
Now 7years ago My Father & My grandmother sold this house without my consent for 22lacs and purchased new house for 11 lacs. My younger brother & my uncle(Fathers brother) shared 5lacs each. I was not offered a single penny. I am in service & live outstation.Can I sue them in court of Law for my share .
ajay sethi (Expert) 07 December 2011
mr ravindra pal a new twist im story .

your grandfather gave a gift to your grand mother for purchase of house. the said house was purchased in name of your grand mother and father . it is self acquired property of your grandmother / father .

if they desire to dispose the house and buy new one how can you object?

maintain relations with your elders and dont be after money . try to serve your elders to best of your ability .

prabhakar singh (Expert) 07 December 2011
Look Mr.RAVINDER PAL !

The money given by your grand father was[or say shall in law would be treated as ]a Gift.SO she became owner of money with exclusive right to enjoy that money in what soever manner she desired.

Now your grand mother and your father purchased a house.Then in law it was their self acquired house with exclusive ownership right vested in them. They had right to sale and they sold.

They gave 5 lakh to your uncle and 5 lakh to your brother.It would in law be treated as gift to them because they did not have any right to claim this money legally from your grand mother or from your father.They had a circumstantial benefit of being locally present of which you stood deprived.

To make the point still clear in your mind[which looks confused in your mind] had the house been purchased by your grand father in his own name and not in name of your father or your grand mother, still on the death of your grand father,only your grand's father widow and his sons could have legally inherited it.
You two grand sons had no right in it.

Grandsons by birth get right in properties which are traced by origin to great grand father inherited by grand father and then falling in hands of fatherwhich is not a situation here in your case.

Then you have no right to sue or make any kind of legal claim over it.

If you want you can persuade your grand mother or your father or both by persuasion and pleasing there consciousnesses that the duo have got the due but why you could not???That shall work in due time.
Sailesh Kumar Shah (Expert) 07 December 2011
you have no legal right to claim. So, it is not advisable to sue.
ajay sethi (Expert) 07 December 2011
mr ravinder pal . i hope you wont raise the same query again . we have already replied to your query number of times
V R SHROFF (Expert) 07 December 2011
"I was having ancestral house which was in name of my Grandmother & my Father"
The fact is "YOU NEVER HAD ANY HOUSE"

The fact is "YOU have no right. NEVER claim ANY HOUSE & money" , ok honey, share sweetness as advised earlier by experts Shri sethi.
Shri Prabhakarji replied you in great details, so hope it clear all your doubt, and you need not ask again.
Devajyoti Barman (Expert) 07 December 2011
Yes agreed..


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