Hindu law - self acquired property.
MURLI DHAR ARORA
(Querist) 02 April 2015
This query is : Resolved
Hindu Law - Mother acquired property through will of husband. Property partitioned by mother during her life time – Share falling to each of her sons transferred by way of consent decree. Whether it will be self acquired property?
Son sold the property so acquired during his life time. Wife of a son has filed suit challenging the sale of the said property of father in law. Father in law was made party. Now father in law has expired. Wife of a son has made party to mother in law, brothers and sisters of her husband. PWs closed. She self was PW (only witness) duly cross examined. Now case is fixed for defendants witness. What is the legal position.
Devajyoti Barman
(Expert) 03 April 2015
Yes, it will be a self acquired property.
Wife of son can not challenge the sale.
Legal position can be pointed out seeing all the papers, not on the basis of few lines posted by you.
Rajendra K Goyal
(Expert) 03 April 2015
It would be treated self acquired property and son has right to sell it.
Dr J C Vashista
(Expert) 03 April 2015
Agree with experts, it would be self-acquired in the hands of mother who is competent to dispose it off as she desire. However, wife of son (daughter-in-law) has no right, title, interest or claim on the property (share of son-as per settlement) during his (son's) life-time.
Produce all documents before a local prudent lawyer for further advise and guidance.
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MURLI DHAR ARORA
(Querist) 05 April 2015
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.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
The property acquired by your father through a partition settlement from his mother will be self acquired property of your father and he only has absolute rights on it as a owner hence the further transaction by him namely sale or disposal of any mode will be his own choice, no body can question his rights nor can claim any share in it in any capacity including the wife of his son or his son himself or yourself of your mother too. Thus as per position of law, she cannot claim a right in the property and the suit is liable to dismissed.
