Joint family
Querist :
Anonymous
(Querist) 07 July 2011
This query is : Resolved
In the family Head of the family is father. After father death three sons were devide the property of father to seperate position, by registration deed, who is elder brother in the three son he is transwer the property of in his name to his son on same date of brothers partition. The both partition deed held by in 20/10/2004.
Now my questions is,
1.IN head of family his elder son is also death in 2006, before his death he transwer the property to his son, Not considering daughter.
2.For Example: Who is elder son transwer the property to his son,the daughter will approach the court what will the result?
3.We can consider this property are JOint family property or ancestral,Because we are three daughter for my grandfather elder son. ONe of the daughter is married in 1997 after HSA karnataka 1994.
4.Those who are married in 1997 will get equal share or not?
5.My mother(my grandfather Elder son wife) also have some property in her name, this purchased by our family earnings. This part will consider for partition of HSA karnataka 1994 or not?
6.If property will devided by the court about HSA karnataka 1994 what is the share
for each?
Thank U
Kalpanagopalakrishna
R.Ramachandran
(Expert) 07 July 2011
In the opening sentence of your post, you say "In the family Head of the family is father."
With reference to this Head of Family (and not anybody else), please answer the following questions, before your query could be appropriately answered.
1. Whether the property was self-acquired or otherwise in the hands of the "Head of Family".
2. When did that "Head of Family" die?
3. In paragraph No.1 of your post, you say " 1.IN head of family his elder son is also death in 2006, before his death he transwer the property to his son". Whether this transfer was done on 20.10.2004?
4. You say at point 5 of your post that "My mother(my grandfather Elder son wife) also have some property in her name, this purchased by our family earnings." What do you mean by family earnings? Who all contributed? Was there any common account maintained by the family? Have you any proof for this?
Querist :
Anonymous
(Querist) 07 July 2011
Dear sir,
Answer for your question.
1.Propertys are my grand father(Head of family for my father and his brothers)
2.Before 1970
3.My father to my brother by Registration dee, not done by will.
4.My father purchase this and register to name of my mother.
Thank U
Kalpanagopalakrishna
R.Ramachandran
(Expert) 07 July 2011
1. You have not indicated whether the property was self-acquired property of your grand father or otherwise.
2. You have to indicate the exact year of death of your grand father.
3. You have not confirmed my assumption at Question No.3 to you.
4. When you say that "my father purchased this and registered in the name of my mother" is it not from his own income?
Querist :
Anonymous
(Querist) 08 July 2011
Dear Sir,
1.My grand father purchased by third party by registration deed in 1965.
2.1969/october
3.My father is transwer the property to my brother by registrer deed in 28/10/2004.
4.My mother is have some property in his name, but she is not got this property form her father or mother, or grandfather.
Thank u sir
R.Ramachandran
(Expert) 08 July 2011
The property acquired by your grand father in the year 1965 is his self-earned personal property.
When your father inherited the property of your grand father, after the death of your grand father, is the personal-property of your father and NOT "Ancestral Property".
Being his personal property, your father has every right to do whatever that he wants to do with it. Nobody can question his actions. If in his wisdom he has given that property to his son (i.e. your brother) and has not given anything to you, it is perfectly within his rights. Nobody can question him. Therefore, you cannot also question his actions, nor can you demand any share from his personal property.
In this case, the property being personal property (not ancestral property), the provisions of Karnataka 1994 Act, or 2005 Amended provisions of HSA Act, do not at all come into play.
Your grouse is totally misplaced.
Again the property which is in your mother's name is her personal property and she can do anything with it as she likes. Nobody can question it. Nobody can claim any share in that property during her life time.
