Family property issue
mahesh.9287
(Querist) 17 February 2018
This query is : Resolved
Hi sir,
Hi sir ours is joint family in 2009 my grandfather shared whole property to my father and his brother.. Now my father has reelation with another women. Now my father is tretanig us whole property is under his name he wont give anything to us do what whre u can...my famil consists of me my brother and sister. My sister got married 2 years ago.Is she also can demand share...can u plz explain...
kavksatyanarayana
(Expert) 17 February 2018
Did you grandfather make a gift deed in favour of your father and his brother(your uncle)? approach a local lawyer having knowledge in property cases with the document of the deed executed by your grandfather and other material if any. he will guide you. without seeing the original deeds and other material, you can't get proper advise.
Dr J C Vashista
(Expert) 18 February 2018
Consult a local lawyer with all facts of the case which are incomplete and vague.
R.Ramachandran
(Expert) 18 February 2018
Your father is absolutely right. The property in question is your father's personal property. None of you (sons and daughters) have any right or claim over that property, when your father is alive.
Sri Vijayan.A
(Expert) 18 February 2018
Consult a lawyer, having good knowledge over joint family property, in person with all documents and facts.
A. Sri Vijayan, Chennai 94440 48547
Vijay Raj Mahajan
(Expert) 18 February 2018
It seems that the property in question that was in the name of the grandfather was partitioned in 2009 by the grandfather amongst his sons only which included your father and his brother. The property at that point of time had taken up the status of the joint Hindu family property or the Hindu Coparcenary property as the grandchildren were already born in the family and by virtue of their birth acquired right in the property. The Partition of the property and share of the same which came to your father included your and your other siblings share too in it that you can always seek from him.
The self acquired property of a Hindu takes the status of coparcenary property after the third generation in the Hindu family is born this part cannot be ignored, the interest of the grandchildren(Coparceners) cannot be ignored keep in mind the decision of the Supreme Court in Rohit Chauhan vs Surender Singh case.
R.Ramachandran
(Expert) 21 February 2018
The very starting point in Rohit Chauhan vs. Surender Singh's case is that the property is 'Ancestral'. Therefore the decision.
That would not squarely apply to the present case. Nowhere the querist has stated that it is ancestral property.
Any way, now this doubt whether it is ancestral property or personal property has cropped up, let me ask from the querist the following information.
1. How did your grandfather get this property?
2. Did he get it from his father or he purchased it himself?
3. If he got it from his father, then in which year he got it?
4. If he purchased it, then in which year he purchased it?
R.Ramachandran
(Expert) 05 July 2018
@Ms.Usha Kapoor: You get upset unnecessarily when something is pointed out.
Now tell us, What is the great thing that you achieve by Agreeing on the views of Mr. Vijay Raj Mahajan, after about 4 and 1/2 months?
Do you think that the querist was just waiting with bated breath for your Agreeing or not Agreeing?
