Hindu law - property self acquired or ancestral.

MURLI DHAR ARORA (Querist) 05 April 2015 This query is : Resolved
Question: 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 through consented decree by the Court. 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 that they had share in the house (claiming it ancestral) {and as per Order dated 3.2.2009 in a application under 12 of Protection for Women from Domestic violence Act, 2005, court has directed her husband (my brother) to pay an amount of Rs. 5000/- per month to her (Rs. 2000/- maintenance allowance, Rs. 1500/- right to reside and Rs 1500/- for education expenses of the children) from the date of filing of the present application on account of maintenance allowance as well as for keeping the residential accommodation separately. However, the respondent (my brother who is living separately from his wife) shall be at liberty to give right to reside to petitioner alongwith children, if he own any house or in the alternate, he shall make the payment (my brother is not owing any property and dispute regarding payment of maintenance allowance between them is still going on, but we have no concern with that litigation between them)} 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 judgments of the Hon'ble Courts.

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