Hindu law-property
MURLI DHAR ARORA
(Querist) 05 April 2015
This query is : Resolved
My grand mother had acquired a property i.e. dwelling house from my Grand father through will. After the death of Grand Father, my Grand mother during his life time partitioned the said property between her two sons i.e. my father an my uncle. My father sold the said property during his life time. My younger brother's wife who is in dispute with my brother filed suit challenging the sale of house and claiming her share. The suit is going on. My father has also expired now. My brother's wife now has got amended the title of the suit. She has impleaded my mother (her mother in law), my self, my one younger brother (her husband) and my another younger brother, my two sisters as party to the said suit. She was the only witness, which has appeared from her side. She was duly cross examined. Her evidence has been closed. Now the case if fixed for DWs. I think it was a self acquired property of my father who sold it in his life time and she has no right to challenge it. If your goodself agree, kindly guide me accordingly. Also suggest me some judgements of the Hon'ble Courts.
Anirudh
(Expert) 05 April 2015
You are absolutely right.
I don't understand as to how the matter was allowed to reach such a stage.
(It is not clear as to on what basis that she is staking her claim/right in the property - when in fact she does not have any legal right whatsoever.)
ajay sethi
(Expert) 05 April 2015
we dont provide citations . once partition has been done your father would be absolute owner of his share . it would be his self acquired property
prabhakar singh
(Expert) 05 April 2015
''I think it was a self acquired property of my father who sold it in his life time and she has no right to challenge it.'' IS YOUR ORRECT APPROACH.
SAINATH DEVALLA
(Expert) 05 April 2015
How can it b UR father's self acquired property? It is ancestral property originally belonging to UR grandfather. UR brother's wife has no right to file a suit on her own. U have allowed her to act in that manner.Citations should be taken care of UR local lawyer as U paying him for representing U all.
Rajendra K Goyal
(Expert) 05 April 2015
It would be considered self acquired property of your father and she has negligible merit in the case in her favor.
Citation not provided.
Dr J C Vashista
(Expert) 06 April 2015
I agree with experts it is self acquired property in the hands of your grandmother and father. Your father can dispose it off as he desired.
However, your brother's wife has no right, interest, claim and/or title over the property during the life time of your brother. What is the subject of the suit and how it has been admitted/proceeded by the court? I am surprised.
Contact, consult and engage a local prudent lawyer for further guidance, advise and proceedings.
T. Kalaiselvan, Advocate 
(Expert) 09 April 2015
I would like to respectfully differ slightly with expert Mr. Sainath that this property will not be an ancestral property in the hand's of author's father though it was his grandfather's property. Further the property was acquired by his father through a partition settlement made by their mother and he, as an absolute owner sold his property as per his wish or desire. the author's brother's wife do not have any right to file such a suit seeking her claim or right or interest in the property in any capacity since that was not even the matrimonial home for her. the defendants should have filed a petition to reject the plaint under O VII R11 in the initial stage itself instead of stretching the issue this long.Atleast now the defendants should challenge her claim fittingly.
