Property case- tamilnadu

Lingam (Querist) 17 September 2011 This query is : Resolved
Property Case- Tamilnadu : (My Grandfather Assets ) My father have one son and two daughters . Both sisters married . at the time marriage we paid money and jewelry. Now they file against case my self and my father asking land share. (Both are married before 2005) . pls guide line. We will give share or not. (Father –son- 2 daughters- 4 member) we have already two joint property without mu sisters signature , for their marriage. (2005 & 2003)

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jitender pawaria (Expert) 17 September 2011
Mr. Lingam i think your query is not complete after amendment in the act your sister became co-parcener in her father ancestral property if you father already transfer before November 2004 then your sister can`t claim in ancestral property if you property still laying with your father then both of have right to claim in ancestral property of her father. I attached a very famous citation and in which very detailed discussed on you point.

R.Ramachandran (Expert) 17 September 2011
Dear Mr. Lingam,
You have to provide the following information.

(1) On what basis you say that the property is "ancestral". (Is it on the basis that it was received by your father from your grand father or is there any other reason?)

(2) Whether the property was self-acquired by your grand father or he also received it from his father etc.?

(3) When did your grand father die?

(4) Whether there are other brothers and sisters to your father?

(5) Upon the death of your grand father, whether your father's brothers and sisters got their share in the property left behind by your grand father?

(6) Whether your father is alive?

(7) Whether the property in the hands of your father was partitioned?

(8) When did your father partition the property?

(9) Who all got share in the said partition.

(10) When did each of your sisters get married?

On knowing the above information, I shall give my views.

Raj Kumar Makkad (Expert) 17 September 2011
I share similar views as of Ramachandran. Provide full details enabling all of us to reply your query properly.

prabhakar singh (Expert) 17 September 2011
i too would like to say so.

Lingam (Querist) 20 September 2011
Respected Sir.

(1) On what basis you say that the property is "ancestral". (Is it on the basis that it was received by your father from your grand father or is there any other reason?) From Grand father

(2) Whether the property was self-acquired by your grand father or he also received it from his father etc.? self-acquired

(3) When did your grand father die? 1988 & grandmother 2002

(4) Whether there are other brothers and sisters to your father? ( 2 (one died )+ Sister 2 (1 died)

(5) Upon the death of your grand father, whether your father's brothers and sisters got their share in the property left behind by your grand father? Oral Partition by Grandfather

(6) Whether your father is alive? Yes

(7) Whether the property in the hands of your father was partitioned? No (Received from My grand father before dead of grandfather)
(8) When did your father partition the property?

(9) Who all got share in the said partition. My father Share

(10) when did each of your sisters get married? 21.03.1999 & 09.09.2002

This Property is land now a day’s its high value , at time sisters marriage it lower value compared to their Sheridan. Now file case against my father & myself. One point the Patta has two number 1730 2 A & 2 B, 14 A is another party land ( 45 cent ) 2 B only our father Share, But they suit file for 2A & 2B
2A is my fathers elder brothers share , bur he sold to another party.
Please provide Valuable guide line

R.Ramachandran (Expert) 20 September 2011
Dear Mr. Lingam,

Since the property was your grand-father's self-acquired property and was given to your father during his life time, the property in the hands of your father is his self-acquired property and NOT "ancestral property".

I HOPE THE PROPERTY IS STILL IN YOUR FATHER'S NAME.

Your father is the absolute owner of the property. Nobody (including you, and your sisters and your mother etc.) has any right to claim any share in the said property, during the life time of your father.

Being the absolute owner of the property, your father can do anything with the said property. In other words, he can give away the property by way of GIFT to anybody (it may be to you) or he can give by way of WILL, or he may sell it off, or he may give it to any temple or trust etc. That is to say, he can do anything with the property and nobody can claim any share / right in the said property.

However, if your father does not dispose of the property either by way of GIFT, or WILL or Sale, then after his life time, the property will go by way of inheritance EQUALLY amongst all his legal heirs. His legal heirs would be his mother, his widow (i.e. your mother), his son(s) and daughter(s).

YOUR SISTERS CANNOT CLAIM ANY SHARE FROM THE PROPERTY AND EVEN IF THEY GO TO COURT, THEY CANNOT WIN.

Lingam (Querist) 20 September 2011
THE PROPERTY IS STILL IN YOUR grand FATHER'S NAME. (oral Partition)

Lingam (Querist) 20 September 2011
THE PROPERTY IS STILL IN OUR grand FATHER'S NAME. (oral Partition)

R.Ramachandran (Expert) 20 September 2011
IF the property is in your grand father's name, then your father has to first get his share mutated in his name. For this you consult your local lawyers. (I do not know how your father's elder brother sold the property without getting the property in his name).

Lingam (Querist) 20 September 2011
SIR PLS PROVIDE INFORMATION All the properties are my grandfather name. We had sold my father’s share some assets sold 2005 , my father and my self only put signature . also sold another assts 2011. (the second assets also grand mothers share at the time oral Partition , so put signatures my father , fathers brother & fathers brother son

Advocate. Arunagiri (Expert) 20 September 2011
How you have got the title in your name?

How you have sold some of the properties,where in you have not executed any partition deed?

Lingam (Querist) 20 September 2011
after dead of mu grand father , put sign my father and fatger brothers son

Lingam (Querist) 20 September 2011
Oral partition , mutual understanding by my father and his brothers

Lingam (Querist) 20 September 2011
My sisters only demand rights.

Lingam (Querist) 20 September 2011
Still that assets my grandfather name , its possible to sell that property by father.

Lingam (Querist) 20 September 2011
Respected Sir,
Pls provide following s
1. The assets my grandfather name , but local tax paid my father’s name. ( the assets came from oral partition of my grand father life time.
2. My sisters file suit against this property on 24.08.2011.
3. My question my father and my self sell to another party possible. My fathers brothers sons and daughters (total 5s +4D are supported to us) opposite my sisters 2 nos my mother .

R.Ramachandran (Expert) 20 September 2011
Dear Mr. Lingam,
Please try to understand.
I have already given my views that (i) the property is the personal property of your father and (ii) your sisters have no right to claim any share from the same.

But as regards whether your father (or father + you) can sell the property - my answer is no, since the property is not in your father's name (according to you the property is still in the name of your grand father).

Just think. For example, if a property is in your name, can i sell it? I cannot, because the property is not in my name. Similarly, when the property is not in your father's name (but in the name of your grand father) how can your father sell the same. Therefore, first, your father has to take steps to get the property changed into his name. Only thereafter he can sell the property. For this, you have to consult your local lawyer.

Lingam (Querist) 21 September 2011
Respected Sir,
So first we have first transfer to my father name . (Oral partition from my grandfather). I think my sisters suit not affect in this name transfer to my father. Thank you

R.Ramachandran (Expert) 21 September 2011
Your sister's suit will not come in the way of transfer of the property from the name of your grand father to the name of your father.

Lingam (Querist) 19 October 2011
Respected Sir,
In this case Current Status
1. My grandfather purchased land from one party, that registration documents are lost. ( before 36 years land purchased year)
2. “Encumbrance Certificates” had applied up to 40 years, but the officials told that documents are damaged, no words in those documents.
3. But the patta is in the name of my grandfather.(patta available)
4. That land previous owner dead, but his wife is alive
5. The land still in my grandfather name , so transfer to my father name flowing questions arises Pls provide guide line
a. At the time transfer to my father name previous registration documents are needed?
b. How can I decide its self acquired property of my grandfather? My sisters suit purpose (My sisters suit purpose)
c. In this situation transfer to my father name possible? It’s valid?
Kinky I request you to provide for your valuable guide line.

Thanks with
Lingam M

Lingam (Querist) 19 December 2011
The assts im the name of my grandfather (dead) name . my father make will in this asstes my name possiable