Property of my dad
Manoj
(Querist) 03 July 2014
This query is : Resolved
Dear Experts ,
After death of my grandfather my father got godown and cash as his share. With the cash he bought two houses on his name.
Query:
What is the authority of my mother and me on my father's property.
Manoj
(Querist) 03 July 2014
My father spending money lavishly and not taking care of my mother. He is not giving money for maintenance to my mother. He planned to sell house on his name and told my mother and me to go out of his house. Can we stop him legally from selling house.
ajay sethi
(Expert) 03 July 2014
your mother has right to stay in matrimonial home . she can file DV case and claim right to stay in matrimonial home or alternative accommodation . she can also claim maintenance . she can obtain injunction restraining your father from selling the house
Manoj
(Querist) 03 July 2014
Thank you Ajay Ji. Your reply will help us. I am thankful to you. If you don't mind could you please also tell me about the GODOWN my father got after death of my grandfather without any will. As a grandson do I or my mother as wife has authority to ask for share in rent legally.
Rajendra K Goyal
(Expert) 03 July 2014
How many legal heirs are there for your grandfather ? How the godown was transferred in the name of your father?
If it is in the name of your father, your mother has no right in asking / claiming rent of it.
Manoj
(Querist) 03 July 2014
Thank you Rajendra ji. My grandfather has 3 sons and one daughter. My father is the 3rd son. He got godown as his share as legal heir. Now Godown is in the name of the name of my father.
Query:
1. Can I say Godown is my ancestor's property? As a grandson do I have right on the Godown which my grandfather got from his father.
2. I recently heard that spouse has right on the inherited property of husband. Is that true??
Manoj
(Querist) 03 July 2014
Thank you Rajendra ji. My grandfather has 3 sons and one daughter. My father is the 3rd son. He got godown as his share as legal heir. Now Godown is in the name of the name of my father.
Query:
1. Can I say Godown is my ancestor's property? As a grandson do I have right on the Godown which my grandfather got from his father.
2. I recently heard that spouse has right on the inherited property of husband. Is that true??
Devajyoti Barman
(Expert) 03 July 2014
1. It is treated as self acquired property of your father.
2.No, it is not.
Manoj
(Querist) 04 July 2014
Thank you Devajyoti Barman Ji. I am thankful to you.
Manoj
(Querist) 04 July 2014
Dear Experts,
My father got Godown after death of my grandfather without will, as legal heir. As Devajyoti Barman ji (expert) said it will be self acquired property.
Query:
1. Can my mother stop my father in selling the Godown?
2. If you don't mind please tell me what is inherited property.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
The property (both movable and immovable)that belonged to your grandfather were duly partitioned by the legal heirs of your grandfather and subsequently they have properly transferred them unto their respective names, thus the properties so inherited have become their absolute properties. Under the said situation, neither you as a son or grandson nor your mother as a wife have any rights or claim for a share in the said property that was inherited by your father from his father as his share in the partition among his siblings. It will be illegal to force your father to allocate a portion or give you a share in the property. If your mother is denied maintenance by your father, she can file a domestic violence case against your father seeking maintenance and residential rights.
Manoj
(Querist) 05 July 2014
Thank you T. Kalaiselvan Ji, your reply cleared all my doubts. I am thankful to you.
I always respect law. I hope my mother will get some justice. I love my mother.
Advocate Ravinder
(Expert) 06 July 2014
--I disagree with Devjyothi Barman. It is not self acaquired property.
Your father got to his share a Godown and cash. With the cash he has purchased two hosues. Hence, the Godown and two houses though belong to your father only, but they are ancestral in nature. Hence, all the legal heirs of your father are entitled for their respective shares.
As it is ancestral property, you have right in the property, but your mother will not have right in the property. Any one of the legal heirs of your father can file a partition suit and restrain your father from selling the properties to third parties. But you cannot stop your father to sell his part of share.
The Advise of Ajay Sethi is an Additional relief to your mother.
Manoj
(Querist) 07 July 2014
Dear Ravinder Ji,
Thanks for your reply. From your reply I can understand you have read in detail from starting. Thanks for spending your valuable time for reading. I am grateful to you.
My father doesn't bother about my mother or her health. She is diabetic. My sister's husband cheated her and left a debt of 6lakhs on her. My sister with her child staying with my parents. I took responsibility of my mother, sister and sister's child. I use to work as engg far away from my hometown when
I heard my father harassing my sister and mom, I resigned and came to my home. I am loosing my career too. Now I am search for a job in my hometown. I spend all my salary to my sister debts and ration in home. My father no way supporting financial and harassing us. I am mentally disturbed, I am self made man but I don't want my irresponsible and lavish father and his friend to enjoy our assets which my grandfather earned working hard throughout his life. My grandfather helped many orphans. I took inspiration of my grandfather. I am NSS member in my university I collected donations for visually challenged school children.
Query:
1. Can I get legal equal authority on the property without partition ?
2. Can I claim for share in rent of godown?
3. My father's friend is staying in another house of my father without rent for 5 years. How to say him to vacant house legally. My father's friend is quarreling with neighbors. Neighbors complain to my mother. My father's friend is also the abettor who helps my father to harass my mother.
Anand Bali Adv.
(Expert) 08 July 2014
Yes, It is an ancestral Property if it is purchased out of the inherited money It will not be treated as a self acquired property purchased by self earned money.
In this property all the legal heirs of the father hold equal right.
Even you can claim for the injunction under Ord 39 R 1 as not to create any third party interest on any of the ancestral property which your father has so that without the consent of all the legal heirs he can not sell out that property
Your mother also can claim maintenance and a equal and parallel quality of the accommodation separately for her if your father do not allow her to stay in her matrimonial home.
Manoj
(Querist) 09 July 2014
Thank you Anand Bali Ji, thanks for reading and giving your valuable reply. This reply will help us.
Query:
1. I will claim injunction to stop my father from selling the ancestors property but can I claim for share in rent legally? If it so what is the legal procedure?
