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Jai (Nil)     28 December 2014

Eviction of son and denying property partition

Dear sir / Madam,

My father had got partition of house and agricultural land from my grandmother when she was alive and my grandfather was expired at my father's early stage. From the resources of the above my father invested some part of money and we also contributed some money including my grandmother to build a house in Lease Land. But my father is paying House Tax for this house for the past 20-years being a family head.So, the house has not been registered. Now my parents tried to evict me from the house and my mother wants to register the house to my younger brother when she gets opportunity to get registered the house in the name of my mother since my mother's name (Ladies Name) has been proposed for registration of the house in Tamilnadu government. Once the registration of the house is done in the name of my mother, my mother will definitely "gift" or execute the "Will" in the name of my brother as she always saying by words now. I have one son and one daughter. My elder daughter is studying 4th standard. How can I protect from the Will and Gifts execution to my brother as a precautionary measures.What are the steps to be followed to avoid the execution of the house to my brother by my parents.Please guide me to avoid this monopoly execution of the house build in Lease Land (ie, Government Land).



Learning

 7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 December 2014

Dear, Since the property in question was bought out of the joint income of the family, you should be having equal right over the same .... File a suit for partition of the property and take your share .... Kapil Chandna Adv 9899011450

Dr J C Vashista (Advocate)     28 December 2014

It is the self acquired property of your father/mother which s/he can dispose off as desire.

G.L.N. Prasad (Retired employee.)     28 December 2014

Please contact a dependable advocate and serve a notice seeking partition of your part.  Such things are to be attended as expeditiously as possible, with the help of local professionals.

K.K.Ganguly (Advocate)     28 December 2014

1. Since the property has been partitioned in the name of your father, he is the absolute owner of it,

 

2. Your father can very well evict you from his house and convey the title of his property in anybody's name including your brother for which you can not have any say.

T. Kalaiselvan, Advocate (Advocate)     29 December 2014

It is your father's inherited property which was allocated as his share in a family partition. Thereby it becomes his absolute property on which he has full rights to dispose it in any manner he desires to. He can very well ask you to vacate the property and you don't have rights to resist it. The solution for this is through an amicable talks among the family members and arrange for a family settlement on the mutually agreed terms. You cannot find a respite through court or law, do not be misguided if somebody assures you to fetch you share in the property, you will land up in loss of money, time, energy and relationships.

Jai (Nil)     31 December 2014

Sir, the deed execution of the properties of my grandparent was not done by my grandma and are not registered yet. So, my grandma did not partition the houses and other assets. But since my grandma was illiterate, my father and his brothers have partitioned the properties on their own and executed a deed. So, I want to know whether this property is inherited property and allocated share in a family partition. Now can I file a suit for partition of the property since my father has been enjoying my grandparent's property till now. Please help me to get my share because I relied on my father and I had given more money to my father for the purpose of building this house without money receipts from my father. Normally, I think no one gets the money receipts from the parents.   -----Jai

K.K.Ganguly (Advocate)     31 December 2014

1. In your first post you had stated "My father had got partition of house and agricultural land from my grandmother when she was alive",

 

2. In your last post you stated "So, my grandma did not partition the houses and other assets. But since my grandma was illiterate, my father and his brothers have partitioned the properties on their own and executed a deed",

 

3. What was the deed executed and registered by your father and uncle? How can they execute and register partition deed dividing the property of your grandmother when sher was alive? Was it a gift deed or a settlement deed?

 

4. However, even after the demise of nyour mother, her legal heirs will inherit the said property and can get it divided with partition deed,

 

5. You have no claim on the said property during the life time of your father.


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