Nature of residential house property
amol
(Querist) 27 July 2018
This query is : Resolved
My grandfather have 4 son ( my father and 3 uncle) and 3 daughter whos marriage already done. In 1980 residential house of 5000 sq.feet purchased on my grandmother name where all our family lived jointly. My grandmother made WILL in 1997 and this property was given on the name of all 4 son( my father and 3 uncle) and on 2002 when my grandmother deceased the names of 4 son put on property card as per WILL document.
We have some shops and certain other properties so by our all family member requests,
on 2008 Family Settlement cum Arbitration Award made by our castes reputed samaj panch(arbitrator) in which this WILL property also included. In this family settlement the above property come though WILL is once again given to same people i.e. my father and 3 uncle jointly whose name this WILL was made.
One of my uncle (father brother) filed suit to cancel/set aside the family settlement award. On filed suit main/first page heading it is written as Arbitration concillation act 1996 section 34(2).
During this pending suit on 2011 my other 2 uncle sold there undivided half share to stranger person in this property without intimating and award suit is already pending. We sent notice to stranger person that we are ready to purchase the sold half share and got stay order from court. In 2014 stranger purchaser filed partition suit in which we(my father and uncle who filed award cancellation suit) defend to the court that we are ready to purchase sold property. We said the court property sold during family setllemnt award is still pending using hindu law (hindu succession act).
Nowi n current month July 2018 my uncle won there suit for cancel/set aside the family settlement award and now this family setllement cancelled.
My query is:
1) Is there any rule/ law/principle which says at the time property sold the property is joint family
property? So even if the family settlement is cancelled it is joint hindu family.
2)What is the nature/position of our above propery which initially come through by WILL from
my grandmother but later it was come under family settlemt award of joint family property and
now in July 2018 this family settlemt award is set aside/cancelled?
adv.bharat @ PUNE
(Expert) 27 July 2018
1) NO
2) Since ancestral property every coparcenor have equal right over the property.
amol
(Querist) 27 July 2018
Respected Sir,
Thanks for the answer.
But my query is not clear with the above answer 2. I have sill confusion.
Please provide some more information. If any info regarding law section, some doctrine will be helpful to me.
Thanks for your help.
M V Gupta
(Expert) 28 July 2018
In order to reply to the queries posed by you, it is necessary to know the source of funds used for the purchase of the property in your GM's name in 1980 -- Whether the money belonged to HUF or your Grand ftaher's own or self earned money?
amol
(Querist) 30 July 2018
Respected Sir,
Sorry for late reply. I was in travelling in train.
I discussed my father. They told grand mother sold the gold to arrange some amount of initial down payment money and remaining amount paid by Grand father from there self earned money. Also father told me , after grand mother deceased the lawyer filed some application in the govt. office (look like small court) for the will document and got certificate from them , which they submitted in Municipal co-corpotation office to add the name of my father and 3 uncle. in property card.
Thanks for your help.
M V Gupta
(Expert) 30 July 2018
As the source of funds for purchasing the house is not of HUF, the house will be regarded as your GM's own property. Hence when all your uncles and father got it under the will, they become joint owners. Under law any of the joint owners can dispose of his undivided share to third parties; consent of other co owners not necessary. But the purchaser cannot get possession of his share without partitioning the property and identifying the share of co owner who disposed his share to third party. If all other co owners agree the partition can be done by mutual consent. Otherwise the purchaser can approach the court for partition and possession. Your offer to buy back the undivided share from the buyer is subject to his willingness. Court cannot force him to sell to you.
amol
(Querist) 31 July 2018
Respected Sir,
Thank you very much for your helpful information. I am very much thankful for your expert advice.
I have one more query.
While doing google search for searching the partition related information, I found one page written as
Sec 4 for Partition the link, I found is https://indiankanoon.org/doc/1643206/ in google search
Can we able/allowed to use this sec 4 for Partition in current stage where family settlement cancelled? Can we use it as defence as just now family settlement is cancelled?
If it is possible please help us, how we can use it, else is there any other way?
M V Gupta
(Expert) 01 August 2018
Yes. You may rely on section 4 of the Partition Act, 1893 and pray to the court to grant relief under that section and allow the other members of the family to purchase the third party share.
M V Gupta
(Expert) 01 August 2018
Yes. You may rely on section 4 of the Partition Act, 1893 and pray to the court to grant relief that section and allow the other members of the family to purchase the third party share.
M V Gupta
(Expert) 01 August 2018
Yes. You may rely on section 4 of the Partition Act, 1893 and pray to the court to grant relief that section and allow the other members of the family to purchase the third party share.
M V Gupta
(Expert) 01 August 2018
Yes. You may rely on section 4 of the Partition Act, 1893 and pray to the court to grant relief that section and allow the other members of the family to purchase the third party share.
M V Gupta
(Expert) 01 August 2018
Due to some technical reason my above message got repeated. Sorry for the same.
