Ancester property, gift and will
Aditya
(Querist) 13 July 2017
This query is : Resolved
A land and a house purchased by Great-grand-father, after partition among 3 through Court, my Grand-father got a part of land and a part of house. He has two sons and a married daughter. After expire of my mother (left 2 sons) and aunty (left one son and 3 daughter) my father and uncle re-married. By second wife my father has a son and a daughter and uncle has a daughter only. My father and uncle built their own home and living apart from us. After re-marriage of my father they forget me and after 15 years they forget my elder brother too. we are living with my Grand-father till then and my father is neglecting me and my brother too. I am employed but my brother is not. My Father and uncle has filed a TPS against My Grandfather, myself and my brother for partition of property in three equal part (1/3 for Grand-father, 1/3 for Father and 1/3 for Uncle) . My Grand-father was suffering from Lung Cancer. So I were busy in caring him and TPS filed by father and uncle went in Ex-parte. Grandfather applied to recall the TPS with his statements that The acquired land and property he got is his self acquired property and not ancestor as these property is purchased by his father.
Due to negligence of my father, my Grand-father has gifted his 1/3rd share of vacant land to me and my brother and due to ruthlessness of his both children, further my grandfather has made a Registerd Will for a part of land to me and my brother and house where we live to my brother. Due to my grandfather was suffering from deadly disease he passed away. He has authorized me as Legal Parvikar.
you are requested to please let me know the legal aspects
P. Venu
(Expert) 13 July 2017
From the facts stated, the property is not ancestral, gift/will made by the grandfather is valid.
What is TPS? The facts stated thereto lacks clarity.
krishna mohan
(Expert) 13 July 2017
I agree with the opinion of Mr. Venu. I suggest you to take further action to transfer the property in your and brother's name based on the Gift cited by you and by taking the help of a legal expert in your area.
Kumar Doab
(Expert) 13 July 2017
Agreeing with Mr.P.Venu.
What is TPS!
Aditya
(Querist) 13 July 2017
Title Suit
Aditya
(Querist) 13 July 2017
Title Suit
Rajendra K Goyal
(Expert) 13 July 2017
The property in the hands of your Grandfather is not ancestral. Gift deed, will executed by him are legally valid.
Kumar Doab
(Expert) 13 July 2017
How could father and uncle partition the self acquired property of their father in their father’s life time?
Do they have valid/registered deed in their hands?
Obtain mutation records with all link docs?
P. Venu
(Expert) 13 July 2017
Yes, it appears that title suit was not properly contested. The property was not ancestral; your father or uncle had no title to the property during their father's lifetime.
Kumar Doab
(Expert) 13 July 2017
The WILL is likely to be contested.
Aditya
(Querist) 16 July 2017
R/Sir, please provide Act/Rule for Reference to prove Property is not ancestral. and any current Judgement in this regard.
Kumar Doab
(Expert) 16 July 2017
Search Indiakanoon, court websites, or Google and you will get responses........
Kumar Doab
(Expert) 16 July 2017
Or approach your own local senior very able counsel of unshakable repute and integrity specializing in revenue/property/civil matters.........
Kumar Doab
(Expert) 16 July 2017
You can also pend some time at LCI and go thru material available under Judgments, Articles, Bare Acts etc etc.....
Dr J C Vashista
(Expert) 16 July 2017
How are you concerned with this question (not a query)?
Prima facie it is a moot court topic for law students, if so, discuss with your tutor.
Kumar Doab
(Expert) 16 July 2017
Your own local counsel can help you further.
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
The property in the hands of your grandfather shall be his own and absolute property.
Neither your father nor your uncle has a right in it to claim their share
Th property transferred by your grandfather in favor of you and your brother is very much valid and legal.
For knowing this property to be your grandfather's own and absolute property you may visit the Hindu succession act
Kumar Doab
(Expert) 17 July 2017
Either there are errors in your post or defects in documents or the suit was not contested or something else......................
Spend quality time with local senior very able counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with local rules/laws..............
