Rights of brother on my property
akshayvs
(Querist) 18 January 2014
This query is : Resolved
DEAR MEMBERS ;
I AM IN A VERY PROBLEMATIC SITUATION RIGHT NOW .LET ME EXPLAIN MY STORY
MY GREAT GRANDFATHER HAD 3 SONS AND HE DISTRIBUTED HIS LAND AMONGST THEM .OUT OF THESE 3 SONS ,ONE WAS MY GRANDFATHER WHO WAS A ALCOHOL ADDICTED PERSON. BYE THE FEAR OF HE SELLING THE LAND FOR HIS ALCOHOL ADDICTION , MY GREAT GRANDFATHER TRANSFERED THE LAND TO MY FATHERS NAME. THE 7-12 UTTARA HAS THE NAME OF MY FATHER ON IT AND NO ONE ELSE.
WHEN THIS TRANSFER TOOK PLACE, MY UNCLE WAS NOT BORN AND HENCE HIS NAME WAS NOT MENTIONED ANYWHERE IN THE DOCUMENTS. MOW MY UNCLE IS CLAIMING HIS RIGHT IN THIS PROPERTY AND DEMANDING 70 % PROPERTY AS HE IS UNEMPLOYED. DO HE REALLY HAVE ANY RIGHT OVER THIS PROPERTY ??
PLEASE HELP. YOU CAN ALSO CONTACT ME ON 8898452612. PLEASE....i need that land for my future education as we are ourself short of money
Devajyoti Barman
(Expert) 18 January 2014
Sorry, your uncle have no right in it.
Let him claim, you are not bound to part with it.
malipeddi jaggarao
(Expert) 18 January 2014
"MY GREAT GRAND FATHER TRANSFERRED THE LAND TO MY FATHERS NAME".
What is the mode of transfer? Is it by registered gift deed?
7/12 is not a legal transfer. It is a proof that the land is in the possession of the person named in 7/12. In such case, transfer is not complete and not absolute. Hence your uncle has a right for his share in the property.
Advocate. Arunagiri
(Expert) 18 January 2014
You say, the property was distributed to 3 of them.
Then you say 1/3 share (your uncle's) was transfered to your fathers name.Reason for this is that your uncle is a drunkard.
Then you say, at the time of transfer your uncle was not born.
It seems it is a totaly contradictory and imaginary query.
Ms.Nirmala P.Rao
(Expert) 18 January 2014
If it was your grand father's self acquired property, your uncle has no right in that. Otherwise he has.If you wish to thank me for this please click the thank you button on my profile.
Guest
(Expert) 18 January 2014
As a precaution show the entire documents to a local lawyer and take a good legal opinion and keep.
R.K Nanda
(Expert) 18 January 2014
CONSULT LOCAL LAWYER.
ajay sethi
(Expert) 18 January 2014
you have not mentioned mode of trnasfer from your great grandfather to your father . if it was by regd gift deed then your father is absolute owner of property . your uncle cannot claim any share in said property .
Rajendra K Goyal
(Expert) 18 January 2014
Consult a local lawyer and show him all the documents.
P. Venu
(Expert) 18 January 2014
Pl. ascertain the mode of transfer and recitals therein.
In case, the transfer was effected in favour of your father as a precaution against the wayward grandfather wasting the property, your uncle has a legitimate claim, esp. if the property in the hands of the great-grandfather was ancestral.
Biswanath Roy
(Expert) 18 January 2014
WITHOUT KNOWING THE DETAILS OF TRANSFER OF LAND IN QUESTION OPINION CANNOT BE GIVEN.
J K Agrawal
(Expert) 18 January 2014
I go with Mr venu and Mr Jaggarao. Your uncle has 50% share. But if U do not want to give him, you have so many smart ways with U.
K.K.Ganguly
(Expert) 18 January 2014
1. More dretails are required to answer your query properly,
2. If the property has been self earned by your Grand father & he has gifted the same to your father through a registerd Gift Deed, then your uncle has no right of share on the said property,
3. If the Gift Deed is not registered or if the property is an ancestral property of your grand father, then your Uncle can claim his share on it.
Guest
(Expert) 18 January 2014
I would be grateful if Mr.J.K.Agarwal could reveal what are the SMART WAYS please.whether let him confirm it is going to be in what way.As a lay man I would prefer to know.Also since Mr.J.K.Agarwal always claim for citations the highness could also provide for the same
Guest
(Expert) 18 January 2014
As a lay man I would prefer the real meaning of SMART from the Highly Learned Mr.J.K.Agarwal ji
Ms.Nirmala P.Rao
(Expert) 18 January 2014
Your uncle's chance of succeeding to the property of your Grandfather appears to be very remote.Your father may've acquired full rights over the property all these years by virtue of the doctrine of Adverse possession-unless, otherwise proved by your uncle as per law in the court. Anyway, this case has some potential litigation issues.
Guest
(Expert) 18 January 2014
Mr.J.K.Agarwal ji I am waiting
T. Kalaiselvan, Advocate
(Expert) 18 January 2014
I would like to add that: though the property belonged to the father of GGF, it was either inherited or duly partitioned share of GGF who had full rights to dispose the property as per his desire, thus he partitioned the property among the two grand fathers and the author's father. Thus the property now has become the author's father's own and exclusive property upon which he has full rights for disposal as per his desire. Therefore I am afraid that the author may not have any coparcener right or interest over the property. In the same line, his paternal uncle also may not be entitled to any share on the basis of coparcener rights. However the the mode of transfers on seeing the deeds will confirm the status.
akshayvs
(Querist) 19 January 2014
Thank you soo very much all for your replies...
My greatgrandfather made a gift deed approx 40 years from now since my grandfather was a alcoholic.
Now my uncle, who was not born then is claiming his ownership on the land.
I woild lime to mention that MY GRANDFATHERS NAME
NOR MY UNCLES NAME IS ANYWHERE VISIBLE IN ANY OF THE DOCUMENTS ; even the pherphar utara does not contain their names.
But now my father wants to give the land to his brother.
He even tried doing it once without intimating me and my mother..... But it was rejected by the tehsildar sayinghe needed an aacceptance letter from me and my mother as well.
CAN I IN ANY WAY STOP MY FATHER FROM GIVING THE LAND TO MY UNCLE EVEN WHEN HE DONT HAVE ANY RIGHT ON IT?
THANKS ONCE AGAIN FOR ALL YOUR SUPPORT
akshayvs
(Querist) 19 January 2014
Mr venu, the property was inherited to my greatgrandfather from his father who actually purchased it.
My greatgrandfather made a gift deed in my fathers name so as my grandfather (ie his son) had no rights on the land ; and all the rights were transferred to my father.
Guest
(Expert) 19 January 2014
I am waiting for a reply from my most expertised and the SMART Mr,J.K.Agarwal then I would reply
akshayvs
(Querist) 19 January 2014
I hope they reply as early as possible and make sityations more clearer.
And for some of them who are confused a bit about the story, i would like to explain in short
Propertywas transfered by greatgrandfather to my father instead of giving it to my grandfather as he was an alcoholic.
At this time my uncle was not born
And type aggrement was a gift deed.
Thank you
P. Venu
(Expert) 19 January 2014
What matters is the intention of your great-grandfather. By transferring the property to your father his intention was to protect the property being wasted by your grandfather. Obviously, your great-grand-father had the confidence that your father would be the proper trustee for the property which, otherwise, would have devolved upon your grandfather. In other words, your great-grandfather expected your father stand on the shoes your grandfather and protect the family property and be its just and equitable trustee.
Your father is only trying to live up to that responsibility by suggesting that his brother should be given his due share. You should rather be proud to be the son of such a Great Father instead of indulging in petty squabbling.
You may also not that if it is your contention that the property exclusively belongs to your father, then it is not ancestral in his hands, by virtue of the gift deed. It is open for him to gift or will the property as he likes. You have no voice in his decision.
Dr J C Vashista
(Expert) 19 January 2014
Engage a local lawyer,show the entire documents and take legal opinion, advise and act accordingly, most of relevant informations are missing in the querry
ABDUL RAZIQUE
(Expert) 19 January 2014
Documents have a thin thrum by which an expert reach his goal, so without showing document it is not possible to advice a right path, it is better for you that CONSULT A LOCAL LAWYER WITH DOCUMENTS.
J K Agrawal
(Expert) 19 January 2014
Dear Mr Narsimha.
Thanks to Mr P Venu who given the exact and very clear answer what I wanted to say here.
The smart ways? there are so many smart ways written here in this answer thread itself showing that how to not give property to the person who is really entitle to it. I can suggest so many other smart ideas. Be sure, it is not tough for me or even any advocate here but let us do some good for all.
Sudhir Kumar, Advocate
(Expert) 15 April 2014
connect
http://www.lawyersclubindia.com/forum/Uncle-claiming-land-transfered-by-great-grandfather-to-fathe-96028.asp#.U0ykJ6I1g48
ABDUL RAZIQUE
(Expert) 15 April 2014
i hope your problem may be solve now.
