hindu law -Partioned property ancestral ?
Adv.Aiyer VLV
(Querist) 03 June 2014
This query is : Resolved
Hindu, M one of Two sons get property by partition deed in.1989. Property land was granted by govt, enjoyed by father and his bro.
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He is married in.1982. Has a Daughter 1985. He begot son in 1994.
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In. 1989 M.acquired a land. 11000
In 1990 he sold property share for 75000. Though he was in debts deed of Sale says selling to acquire lands.
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In.1992 he acquired land in his name 25000. In 1997 acquired Land in.wife name 71000. She doesn't have earning. She may Claim parents gifts. 2002 he.builtup house.
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2008 difference with wife. 2010 partition suit by daughter and son on M. Wife's land is not in.issue. all other property is claimed as ancestral. 1/3 share is claimed. Suit alleged affair of husband and his wasting HJF property. Though M resided with them address was given care of office. A company branch is claimed in.suit wo making Co party. Bank which gave loan made party as SARFESAI action initiated. Court issues not to alienate.
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In.WS Claimed all property self acquired including 4 acre in wife name. No counterclaim or Claim on wife land made. Wife is promiscuous alleged. Respected principal Neighbour will Give evidence on it.
Suit in evidence.
Since 2012 M stays out of home. But has Possession of first floor. M.need money to survive.
Is partioned property ancestral and HJF property in.1989?
Can M file suit on.wife property Claim that is HJF? Or counterclaim now?
How court exercises Jurisdiction in bank mortgaged property?
can Co ask for stay and reframe issue for incl their branch? Set aside order in.suit. or Writ?
M.has to sell property to survive List Pendens will save him from contempt? M right to sell is law in Know.Aswathnarayana setty V State of Karnataka 2014 SC 1367 and Well settled law in AIR 1967 SC 1440
Thanks and regards
Anirudh
(Expert) 03 June 2014
You say: Property land was granted by govt.
Please indicate when (in which year) was the land granted by the Govt., and to whom?
Also indicate the reasons for which the land was granted?
Raj Kumar Makkad
(Expert) 03 June 2014
M has every right to get declared the property standing in the name of his wife as an asset of HUF though no counter claim can be filed at this stage.
ajay sethi
(Expert) 03 June 2014
answer queries raised by MR anirudh
Shonee Kapoor
(Expert) 03 June 2014
What is the nature of grant by the government? When was it granted and to whom?
How did it acquire the nature of HUF property?
Regards,
Shonee Kapoor
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Rajendra K Goyal
(Expert) 03 June 2014
Author, answer the query by expert Anirudh ji.
Adv.Aiyer VLV
(Querist) 03 June 2014
The land was granted in 1942. it was as granted stated in query to M's father and brother, who enjoyed it together. Later M's father did the partition
Thank you all.
Adv.Aiyer VLV
(Querist) 03 June 2014
Dear All,
I am yet to get the grant order as the client is not in possession. He only has partition deed. copy of which will reach me by weekend. i have to find if there is anything in that deed about grant. Advised client to get grant copy from govt.
Adv.Aiyer VLV
(Querist) 05 June 2014
Dear Sirs
Pl help me. Will Grant condition determine ancestral property or not?
Tx
