Parental property
Kamal Sharma
(Querist) 17 November 2012
This query is : Resolved
Hello Advocates,
First of all thanks for reading this post. I have a query about the Parental Property law.
My mother wants to sue her dad for the ancestral property as they were negligent towards my mom for the past 30 years and never cared for her well being.
So, my mother sent a LEGAL NOTICE to her dad about the partition of the ancestral property and asked for her share in the property.In the NOTICE she clearly mentioned that he cannot sell, transfer and take loan on the property and other legal restrictions till the dispute is resolved.
But, he then transferred the property to his both sons ignoring the notice and it is heard that he did this by bribing the staff at local Tehsil and transferred the property in a back date after receiving the notice which is a few days before the legal notice was served.
The point is that he is trying his best to tweak the situation so that my mother can't ask for the share of property as he also took a big loan on the whole property too just after the legal notice.
So, what are the alternates?
We are considering to pursue the case and as we know that he can't stop my mom from taking her share from him legally but can he somehow stop her from getting her share or waste lot time like 20 years or so?
or can he win against her in the court somehow or it is a sure win for us ?
Thank You,
AJ
ajay sethi
(Expert) 17 November 2012
what basis you say property is ancestral ? was it self acquired property belonging to her grand father or property of her forefathers?
can you prove trnasfers were back dated ?
if you are able to show that property was ancestral you can challenge the said transfers . contact a local lawyer
Kamal Sharma
(Querist) 17 November 2012
Hello Ajay Sir,
First of all my mom's father never purchased or acquired any property in his life. My mom knows that his Grandfather had 30 acres of land and then his father was one of the three sons and he got 10 acres of land and his other brothers got 10 acres each too.
So, it is ancestral property for sure but how to prove, I have no idea as it's my mom's version of story and pretty believable as as it happens in villages. Father's property comes to sons only (as a social rule in villages not legal) But this time we want to contest that as they are ignorant to my mom and never cared.
Secondly, it is only heard that they got it back-dated registered as we are not in good terms with them to have a conversation or meeting. Nothing such is confirmed. So, my question is that even if it is true and they back-dated the property registration to my mom's brothers after the legal notice was served. Does it matters as she's his daughter after-all.
Or is there any legal issues with this ?
Thanks for your advice Ajay Sir,
Ajay Kumar
Devajyoti Barman
(Expert) 17 November 2012
Since it is ancestral property your mother can now file a suit for partition for claiming her share from her brothers.
prabhakar singh
(Expert) 18 November 2012
ANY DEED DONE BY YOUR FATHER EITHER FOR LOAN OR FOR TRANSFER TO SONS IS NOT BINDING UPON YOUR MOTHER TO THE EXTENT OF HER SHARE IN THE PROPERTY PROVIDED IT CAME IN HANDS' OF HER FATHER FROM HER GRAND FATHER WHO DIED INSTATE.
A PARTITION SUIT BY HER FOR SHARE IS THE REMEDY.
