Self earned property - contention
prakash
(Querist) 08 June 2015
This query is : Resolved
The following are the facts of the case and we seek your valuable opinion prior proceeding legally
My father married my mother and had four children ( 3 boys and a girl child ) out of this wedlock. My mother died in the year 1963 leaving behind us. My father did not marry for 6 years but the since we were so small to understand the world, then the situation at the time compelled to him marry again. My eldest brother was 12 year old at that time
My father two children from the second marriage( one boy and a girl) and we all grow to gather under very tough condition
Around 1972 my father bought a MIG flat allotted by TNHB by paying a initial deposit of RS4000 with monthly installment spread over 16 years which he completed by 1988.He The initial payment /rs 4000 was paid out of sale of grand father property and sale of my mother gold.
However in 1996 my father transferred the house to the second wife under a deed. We had no knowledge on this nor informed about this. he passed away in 2009 and in in 2010 the property was transferred to his second wife son with no prior intimations to us
Recently the house went for rebuilding JV and the surrounding people kept us the informed on these developments
Now these are the our following queries please clarify the same
a) My father salary at the time of buying the house less then Rs 600 and he has to manage the house hold expenses and our studies, the initial deposit was arranged by selling my grand father's property and mothers Jewell.
The evidenced to that above is available in terms of a) copy our grandfather's will naming my father b) property sold by my father c) the salary certificate from the company he was working from 1970
b) we have witness to this , since his sister who also bought at the same time, plus she only bought the jewels of my mother
Will this be admitted as proof of evidence to break the contention of my step mother that this is not a self earned property
R.K Nanda
(Expert) 09 June 2015
yes, it can be, provided said documents are proved in evidence.
Guest
(Expert) 09 June 2015
Your query is not clear in so far as you want to know, "Will this be admitted as proof of evidence to break the contention of my step mother that this is not a self earned property." The question arises, "SELF EARNED PROPERTY BY WHOM, YOUR FATHER, SECOND MOTHER OR SOMEONE ELSE.
So, please clear, what actually you want to prove by the term "self earned property" and with reference to whom?
prakash
(Querist) 09 June 2015
Dear Sir
The property was declared self- earned one by my late father and given a gift deed to my step mother
To disprove that we have secured the original will of my grandfather , wherein there was cash/ property was given to my father under a registered will. Since my father's income at the time acquiring house was Rs300Pm,he sold our grandfather's property to pay the initial deposit of Rs 4000 for allotment of the house.
In view of this gift deed given by father on the house can be considered as illegaland void
Guest
(Expert) 09 June 2015
Your original query intends to say, to break the contention of my step mother that this is NOT a self earned property," but now you have stated that "the property was declared self- earned one by my late father and given a gift deed to my step mother."
So, both the contentions are different.
Anyway, even if you prove that the willed property was not a self earned property of your father, still you cannot be expected to gain any benefit, as the gift deed of your father cannot be got invalidated due to the fact that the gifted property was not ancestral property. The property of your grandfather was inherited by him through will and he had full right to dispose of the said property in any manner he liked, whether sold for the purpose of paying the initial deposit of Rs. 4000 for allotment of house or even for any other prupose. The present gifted property can be deemed to be his self earned property only.
You may, if liked, try your luck, but I have my own doubt in your success.
prakash
(Querist) 09 June 2015
Dear Sir
Was given to understand that the grand children has due share in ancestral property. Under this case , my late father who acquired the house under dispute used sale proceeds of the ancestral property as well my late mother's jewel
If in the process of acquiring property if he has used ancestral property sale proceeds, will it be considered as self earned income.
Only under self earned property, one has right to question. but if it otherwise, I believe that grand children has too right to claim
in this case my father ( late) has given gift deed to step mother and has sold to her son with no intimation or share to us who are all my late father first wife( late) childern
Guest
(Expert) 09 June 2015
Question of share for you and your children could arise only if your father would have left any unbequeethed/ unprobated disposable property. He had already disposed of the property during his life time.
prakash
(Querist) 09 June 2015
ok sir noted well thanks
Guest
(Expert) 09 June 2015
You are welcome.
