Settlement dispute
SANTOSH JAI KISHEN
(Querist) 21 August 2016
This query is : Resolved
Sir,
We are recently planning to sell our ancestral property belonging to my grandfather who had acquired the property from my great grand father by succession. We are a Hindu Family. My Grandfather has 3 children, The eldest being my father who passed away recently, The second being my aunt who got converted to christianity in 1986 and got married to a christian subsequently and the third being another aunt who remains a Hindu Till date. The house was pledged in 1986 and was subsequently redeemed by my mother (first son's wife) by paying Rs.20000 then. Currently My grandfather, my grand mother and my father have all passed away. Myself and my mother are the legal heirs to my father. Both my aunts are the alive and well. I need clarity as to how the property proceeds need to be split and What compensation can we expect for the Rs.20000/- we had spent for redeeming the house which was pledged in 1986. Kindly guide us in this regards. Please state necessary case laws or legal acts so that i can convince my relatives in this regard.
Thanks in Advance
Guest
(Expert) 21 August 2016
Nicely crafted hypothetical academic query, but still lacking some crucial data!
However, if some truth is there in your story, you should consult some local lawyer, get the property documents, as well as the morthage and redemption documents examined by him for appropriate guidance.
Mind it you have not stated anything about the property related documents, dates of events, like death of your GF and father, etc. All those things should also be discussed at length with the local lawyer, whom you show your property related documents.
R.K Nanda
(Expert) 21 August 2016
Contact local lawyer.
Kumar Doab
(Expert) 21 August 2016
Show all docs to local counsel for a considered opinion.
Rajendra K Goyal
(Expert) 22 August 2016
For amount paid to get the property released / de-mortgaged, after such a long period, claim may not succeed without any amicable settlement. You can not claim property in lieu, in absence of contract to the contrary.
You have not mentioned when your grandfather expired, who and when acquired the property before your grandfather?
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
Rajendra K Goyal
(Expert) 22 August 2016
Repeated query;
http://www.lawyersclubindia.com/experts/Dispute-in-settlement-of-ancestral-property-612811.asp
Raj Kumar Makkad
(Expert) 22 August 2016
No reply against the repeated query. Otherwise also the questions raised by ld. Dhingra ji are most relevant to be replied by you prior to reply on the parts of experts.
SANTOSH JAI KISHEN
(Querist) 23 August 2016
Sir
The property was bought my great grand father in settlement against debt due to him.
My grandfather inherited the property prior to 1956 from his father (i.e My great grand father) My grand father died in the year 1988. My father passed away on April 2016. I am hoping this will help take this query further any other details also i am willing to provide.
Kumar Doab
(Expert) 23 August 2016
You may clarify once again, your following post:
---"The property was bought my great grand father in settlement against debt due to him."
Does it mean that your great grand father was creditor and seller was debtor (to him) and thus your great grand father was 1st owner from your ancestors.
In which year the seller (debtor) sold to your great grand father (Creditor)?
---"The house was pledged in 1986 and was subsequently redeemed by my mother (first son's wife) by paying Rs.20000 then. '
Do you mean that thereafter ( after purchase by your your great grand father) your ancestors pledged the house and your mother redeemed it?
In any case it was ancestral property ( joint family property) and loan was also probably for joint family and paid by someone from joint family for the sake of property of joint family.
Limitation might also defeat the single minded approach to fetch extra benefit/share from joint family property.
Moreover you are clear, rather very clear , on right of converts and others as per Hindu Succession laws.
The converts if not eligible ( if not reconverted) , their children may be eligible.
