Need urgent help
Bhupinder kaur
(Querist) 04 May 2012
This query is : Resolved
Hi,
It will be great if experts can help us out in the following situation.
The scenario is:
My maternal grandfather has a a 2 and a half story house. He was a pakistani refugee who had been alotted a quarter in delhi and in lieu of that a plot of 160 sq yards by the govt. His father (my grandfather's father)had lent him some money for the fee alottment/installments of this plot. After the land allottment and the house being constructed, my grandfather's father had signed an affidavit stating that although he was associated with the principal purchaser, he had no objection to the principal purchaser (my grandfather)being the sole owner in the sale/conveyance/lease deed. After this, my grandfather had got made a conveyance deed in his name.
My first question is:
1) Does this property come under "claim" property? Do my grandfather;s brothers and sisters have an equal right in this property?
Now, my aunt ( my elder maami) after the demise of my uncle (both of them residing in south india) has filed a civil case demanding a share in the property. It is a 3 storeyed house with the ground floor being in my grandfather's name, the first floor in my second uncle's name (registered gift deed) and the second floor and terrace being in my mother's name (registered gift deed).
1) Can we sell the first and second floor along with the terrace when there is no stay order on the property yet? First and second floor have already being gifted (by gift deeds)?
2) Can we sell the whole house as there is no stay order still?
Please guide us regarding the same>
Adv.R.P.Chugh
(Expert) 04 May 2012
Dear Ms.Kaur,
Just because some funds were contributed your your grandfather's father - it would not impress the property with character of joint family property...and continues to be 'seperate property' of your grandfather - which he is free to deal with as he wishes.
If he has gifted away two floors of the property to his two children to the exclusion of others. There is pretty much nothing that others can do.
If there is no suit indeed you can sell/gift or alienate the property as per your wish.
Rest anything concrete can be said only after perusing the exact suit filed by one of your aunts.
Feel free to talk !
Good Luck
Bharat
Advocate (Delhi)
Shonee Kapoor
(Expert) 05 May 2012
The property would have the nature of self-acquired property only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 06 May 2012
Q1. In the circumstances stated by you the property will be your grand fathers self acquired property and he has full rights to gift it to whomsoever he wants. Hence all those to whom he had gifted the portions have ownership rights to the portions gifted to them. Your grand father's brothers and sisters do not have any share in the building As regards the query whether you can dispose of the property during the pend-ency of the suit said to have been filed by your aunt, the same would not be possible. Section 52 0f the TP Act prohibits disposal of property which is subject matter of a suit except with the permission of the Court.
