Advise required on property law
Pratik Jain
(Querist) 03 April 2013
This query is : Resolved
Dear Sir,
My Late maternal Grandfather have 5 sons and 2 daughter.
Please advise for the below cases :-
1. Please let me know All property of my maternal late Grand father and late Grand Mother should be distributed among all their children equally or not.
2. Some property is in possession of my Maternal uncle but the ownership of that property is still on my late maternal Grandfather Name or Grand Mother. This property should be divided into all the children equally or not.
3. There is one Hotel which divided in 3 parts first part given 2 maternal uncle in 2nd part is given to another 2 maternal uncle, now third part is in the name of Late Maternal Aunt so this should be distributed in all the children or the rest 1 son and 2 daughter or the daughters only because rest one sons have given another property who is not the part of this hotel.
4. My father has given his 17 years of service from morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So he has entitled to any compensation through court against this unfair practice ? If yes then what should be the amount of compensation And what should he do now. ? He worked in the hotel as a manager as well as caretaker.
5. There is some cash and Gold belong to maternal Grand mother and Grand father this should be divided equally among all children or not.
6. In case My maternal grand Father have already distributed or given ownership of some property between the Sons,so the rest property should be given to the daughters or not.
Please answer each point separately, I would appreciate your advise,
prabhakar singh
(Expert) 03 April 2013
1.YES
2.YES
3.should be distributed in all the children of of Late Maternal Aunt subject to their own understanding who is ready to take where.
4.UNCLEAR QUESTION. No comments.
5.YES
6.UNCLEAR QUESTION.No comments.
Adv k . mahesh
(Expert) 03 April 2013
the property has to be distributed equally to 5 sons and 2 daughter and about your father salary is very less he should have filed long before court for compensation
and about different questions if you have any papers then consult a local advocate after seeing the papers only correctly we can justify and give the result
because only few lines the answer may not be correct
Pratik Jain
(Querist) 03 April 2013
3. There is one Hotel which divided in 3 parts first part given 2 maternal uncle in 2nd part is given to another 2 maternal uncle, now third part is in the name of Late Maternal Grandmother so this should be distributed in all the children or the rest 1 son and 2 daughter or the daughters only because rest one sons have given another property who is not the part of this hotel.
4.My father worked in my Maternal Grandfather Hotel (please refer point 3)as a manager for 17 years , work timing is morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So whether he is entitled to any ownership on hotel or compensation on account of low remuneration given to my father through judiciary court as he has received remuneration only 1500 INR per month which is too low as per minimum wage act.If yes then what should be the amount of compensation?6. My maternal grand Father have already distributed some of his property to his sons or according to the bill some property has been given to the sons only ,so the rest property should be given to the daughters only or divided among all children equally.
7. As cash and Gold is in possession of My Maternal Uncle because the late Grand mother was staying with him, Now Uncle shows the least amount of cash and gold according to the estimated Cash and Gold by the other sons and daughter ? What can be done in that case ? Some amount of gold jewellry has been hidden by the maternal uncle he is saying that this gold has been stolen then what we suppose to do in that case ?
Abhishek Sarfare
(Expert) 03 April 2013
Hi Pratik Jain,
As I gone through your query. You are having family matter. We had done our family matter case from LegalJini Law Services. They are very good and very prompt in their service. I would suggest you to contact them directly. The charges are also very nominal compare to others. I am sure they will give perfect advice or written opinion. They are having Telephonic advice and written opinion too.
Contact number is 8767404044.
Pratik Jain
(Querist) 03 April 2013
Ok but I would appreciate if i get some resolution on my rest query which is answered yet. Quesy no. 3,4,and7
Abhishek Sarfare
(Expert) 03 April 2013
Just give them call once. They are having a team of lawyers. They will advice you very quickly.
ajay sethi
(Expert) 03 April 2013
mr abhishek
we dont solicit clients . we just advise querist to best of our ability . in case querist desires to contact you he will do so on his own by sending you a pm or asking for your contact number
Pratik Jain
(Querist) 03 April 2013
pls answere here only.
Abhishek Sarfare
(Expert) 03 April 2013
Mr Ajay.
Sorry for that. I just suggest them for the best and quick service. As the number provided by me is not mine. The number is of my Legal consultant.
prabhakar singh
(Expert) 03 April 2013
Why are you wandering here then Mr. Abhishek Sarfare,that too as expert???????????In fact you have blocked his path.
Pratik Jain
(Querist) 03 April 2013
Dear Pradhakar Ji, please answere the 3 question which was not clear to you earlier
3. There is one Hotel which divided in 3 parts first part given 2 maternal uncle in 2nd part is given to another 2 maternal uncle, now third part is in the name of Late Maternal Grandmother so this should be distributed in all the children or the rest 1 son and 2 daughter or the daughters only because rest one sons have given another property who is not the part of this hotel.
4.My father worked in my Maternal Grandfather Hotel (please refer point 3)as a manager for 17 years , work timing is morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So whether he is entitled to any ownership on hotel or compensation on account of low remuneration given to my father through judiciary court as he has received remuneration only 1500 INR per month which is too low as per minimum wage act.If yes then what should be the amount of compensation?6. My maternal grand Father have already distributed some of his property to his sons or according to the bill some property has been given to the sons only ,so the rest property should be given to the daughters only or divided among all children equally.
7. As cash and Gold is in possession of My Maternal Uncle because the late Grand mother was staying with him, Now Uncle shows the least amount of cash and gold according to the estimated Cash and Gold by the other sons and daughter ? What can be done in that case ? Some amount of gold jewellry has been hidden by the maternal uncle he is saying that this gold has been stolen then what we suppose to do in that case ?
prabhakar singh
(Expert) 03 April 2013
Q."3. There is one Hotel which divided in 3 parts first part given 2 maternal uncle in 2nd part is given to another 2 maternal uncle, now third part is in the name of Late Maternal Grandmother so this should be distributed in all the children or the rest 1 son and 2 daughter or the daughters only because rest one sons have given another property who is not the part of this hotel."
I NEED FOLLOWING CLARIFICATION ABOUT IT:
WAS THIS ENTIRE HOTEL ALSO ORIGINALLY IN NAME OF Late Maternal Grandmother OF WHICH
first part given 2 maternal uncle in 2nd part is given to another 2 maternal uncle, OR THE HOTEL WAS OWNED IN JOINT THREE PARTS
OF WHICH 1/3 PART BELONGED TO FIRST maternal uncle AND NEXT 1/3 PART BELONGED TO SECOND maternal uncle AND LAST 1/3 PART BELONGED TO Late Maternal Grandmother ???????????
Pratik Jain
(Querist) 03 April 2013
This hotel is by the name of Maternal Grand Father, he has divided the same before his death.
prabhakar singh
(Expert) 03 April 2013
THEN ON HIS DEATH IT SHALL GO TO HIS HEIRS.THEY WOULD BE HIS WIDOW AND CHILDREN AND GRANDCHILDREN BORN IN HIS LIFETIME UNLESS THERE IS SOME DEED SHOWING OTHERWISE.
prabhakar singh
(Expert) 03 April 2013
Q."4. My father has given his 17 years of service from morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So he has entitled to any compensation through court against this unfair practice ? If yes then what should be the amount of compensation And what should he do now. ? He worked in the hotel as a manager as well as caretaker."
A.WHEN YOUR FATHER KEPT MUM FOR 17 YEARS AND VOLUNTEERED HIS SERVICES GRATUITOUSLY
FOR THESE YEARS I HARDLY FIND REASON NOW TO CLAIM FOR PAST ALTHOUGH HE MAY TRY FOR IN LABOR COURT.
Pratik Jain
(Querist) 03 April 2013
Dear Sir Hotel original owner is my maternal grand father i don't know whether according to his deed or before his death he divided his hotel property in 3 parts, now my query is about the third part whose owner is my maternal grand mother and now she is no more with us even there is no deed, so as Maternal grand father already distributed 2/3 part between four sons so the rest 1/3 part should be divided between the rest 3 person 2 daughter and1 son or divided among all children .
Please answere this one and other point also
Pratik Jain
(Querist) 03 April 2013
4.My father worked in my Maternal Grandfather Hotel (please refer point 3)as a manager for 17 years , work timing is morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So whether he is entitled to any ownership on hotel or compensation on account of low remuneration given to my father through judiciary court as he has received remuneration only 1500 INR per month which is too low as per minimum wage act.If yes then what should be the amount of compensation?
6. My maternal grand Father have already distributed some of his property to his sons or according to the bill some property has been given to the sons only ,so the rest property should be given to the daughters only or divided among all children equally.
7. As cash and Gold is in possession of My Maternal Uncle because the late Grand mother was staying with him, Now Uncle shows the least amount of cash and gold according to the estimated Cash and Gold by the other sons and daughter ? What can be done in that case ? Some amount of gold jewellry has been hidden by the maternal uncle he is saying that this gold has been stolen then what we suppose to do in that case ?
prabhakar singh
(Expert) 03 April 2013
Q."6. My maternal grandFather have already distributed some of his property to his sons or according to the bill some property has been given to the sons only ,so the rest property should be given to the daughters only or divided among all children equally."
" bill"?I THINK YOU WANTED TO WRITE "WILL"INSTEAD.
aNSWER:IF THE WILL IS SILENT AS TO WHOM OTHER PROPERTIES WOULD BE GIVEN THEN IT WOULD BE DEEMED THAT IN RESPECT OF THOSE PROPERTIES HE DIED INTESTATE.THEREFORE IT WOULD GO TO HIS ALL HEIRS,HIS WIDOW AND CHILDREN AND CHILDREN OF CHILDREN BORN IN HIS LIFETIME.EACH BRANCH OF HIS CHILDREN WOULD TAKE 01 TAKE PART INCLUDING WIDOW AND
EACH BRANCH OF HIS GRANDCHILDREN WOULD CLAIM EQUAL WITH THEIR FATHER OR THE MOTHER AS THE CASE MAY BE.
prabhakar singh
(Expert) 03 April 2013
Q."7. As cash and Gold is in possession of My Maternal Uncle because the late Grand mother was staying with him, Now Uncle shows the least amount of cash and gold according to the estimated Cash and Gold by the other sons and daughter ? What can be done in that case ? Some amount of gold jewellry has been hidden by the maternal uncle he is saying that this gold has been stolen then what we suppose to do in that case ?"
answer:.NOW EVERYONE HAS TO BEAR WITH THEIR REPRESENTATION IN ABSENCE OF PROOF.
prabhakar singh
(Expert) 03 April 2013
AS REGARDS TO MINIMUM WAGES IT WOULD BE CALCULATED LOOKING INTO RELEVANT RATES AT RELEVANT TIME IN RELEVANT STATE,HENCE FOR THAT I CAN NOT GIVE YOU A PRE CALCULATED ANSWER.
Pratik Jain
(Querist) 03 April 2013
4.My father worked in my Maternal Grandfather Hotel (please refer point 3)as a manager for 17 years , work timing is morning 9.00 clock to 11 o clock midnight without any holiday except occasional holiday @ 1500 INR per month which is very low according to the minimum wages act. So whether he is entitled to any ownership on hotel or compensation on account of low remuneration given to my father through judiciary court as he has received remuneration only 1500 INR per month which is too low as per minimum wage act.If yes then what should be the amount of compensation?
Raj Kumar Makkad
(Expert) 03 April 2013
One cannot become owner just on the basis that he was paid less amount or the amount was not as per his status. Such employee can just agitate for the minimum wages limited to past 3 years arrears and not more than that.
