Property issue with my father,s sister
lalji
(Querist) 18 July 2013
This query is : Resolved
Dear Sir.
My grandfather had a land of 3 acres who have 1 son and 1 sister. after the death of my grandfather and Grand mother, this land is at present on the name of my father . My father age is 75 and Father's sister age is 85 years ...Now, suddenly my father's sister send a legal notice via lawyer to us for demanding a part of land. since 30 years, this land on the name of my father's name.
Please help me how will answer this legal notice
Dr. Jyothi Vishwanath
(Expert) 18 July 2013
Give her half of her share. She has right to it. Just because it stands in your father's name, she does not lose right in it.
Rajendra K Goyal
(Expert) 19 July 2013
Certain facts are to be clarified. Whether the property was self acquired by your Grand Father and how it came in the name of your father. When your grand father expired. whether he left any will or the property was gifted by him to your father.
In the given facts considering it was ancestral property your fathers sister has equal right in it.
lalji
(Querist) 19 July 2013
This property is self acquire by my grandfather. when my grandfather is expired IN 1944 then my grandmother was there but after her death then it is automatically becomes my father's property in around 1980 and in gram Panchayat only my father name is there.
Dr. Jyothi Vishwanath
(Expert) 19 July 2013
Since the grandfather has died before 1956, after his death, the property goes into the hands of the grandmother and she becomes its absolute property by virtue of Section 14 of the HSA, 1956. After her death, her both children have equal shares.
So even if the property stands in your father's name, his sister has right in it.
Respect her right and give her share.
lalji
(Querist) 19 July 2013
Dear Madam.
we always respect women. the problem here is that she directly gave notice to my father. If she has any problem then she supposed to first discuss his brother and if his brother is denied to give then she has to do such thing. ultimately, it is a family matter and as per me, first she has to discuss with family of his brother and his sons.
