Grand father purchase property in father name
rajesh
(Querist) 16 February 2014
This query is : Resolved
my grand father acquire property in fathers name and father give also a affidavit in a court case and say that property purchase by his father in his name and it is his joint family property iam married daughter of father now father is not ready to give me any share in my grand father property please advice me what can i do and legaly in what position iam
query is behalf of my wife
affidavit was ten year old
Devajyoti Barman
(Expert) 16 February 2014
If your married daughter then why your name is ' rajesh', a male name.
Raj Kumar Makkad
(Expert) 16 February 2014
Even if the property was purchased by your grand-father in the name of your father and he also tendered an affidavit to that aspect before in a court case even then law do not change and such property shall be regarded as an exclusive property of your father and thus you have no legal right therein during his life time.
Rajeev Kumar
(Expert) 16 February 2014
If you are a married daughter then why you have male name.
Advocate. Arunagiri
(Expert) 16 February 2014
Now, this Mr.Rajesh will say that he had raised query on behalf of any other female relative or friend.
Rajeev Kumar
(Expert) 16 February 2014
@Makkad Sir, i agree with your notion that it is an exclusive property of his father in joint name as far as i am concerned she can get the share of her grandfather 1/2 share subjected to her share together with other legal heirs if partition suit is filed. Kindly clear my doubt.
prabhakar singh
(Expert) 16 February 2014
It is not clear from facts given in what nature of dispute admission to such an effect was made.An admission made earlier can be always explained subsequently.
Then so long adequate facts are not for examination of nature of admission,I would like to hold with Mr.Makkad.
Guest
(Expert) 16 February 2014
DO you have the actual copy of affidavit filed in court If it clearly confirms it is not Self Acquired of your father then you would have the Right.Better take a Legal Opinion of the same with a good Lawyer and then proceed
Rajendra K Goyal
(Expert) 17 February 2014
The property is in the name of father and he has rights on it during his life. Agree with the advise of expert raj kumar makkad ji and prabhakar singh ji in the given facts.
ajay sethi
(Expert) 17 February 2014
contact a local lawyer . it is necessary to go through the affidavit filed in court case to advise .
R.V.RAO
(Expert) 17 February 2014
yes.if property is not self acquired by your father and even he confessed it as joint family property,then married daughter also has claim.
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
The author has expressed tat this query has been raised by him on behalf of his wife. I agree and endorse Mr. Makkad's opinion on the subject. Further, assuming it to be the grandfather's self acquired property, and he died intestate, then the property will devolve upon the legal heirs of the grandfather alone, thereby author's wife will not be entitled to any share in the property. From the query it is understood that the grandfather purchased the property on the father's name, thought funded by his father, it becomes and exclusive property of the father of the author's wife over which she is not entitled to any right or share. Now the question he wants to ask is what is to be done for legal transfer of property on her name from her father, three options, 1) by Gift deed, 2) by settlement deed, 3) By release deed on family arrangement basis.
