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A.Sivakumar (Civil Engineer)     04 May 2009

Family Dispute

35 years back my wife’s grand father has got a house attached with vacant land from his mother thro’ a settlement deed.

He has got 4 sons and 2 daughters. My father in law is eldest one.
 
For his sons and daughters including my father in law, he gave different properties which he was purchased from his own earnings and settled everybody.
 
Since he don’t want to split the property which he got from his mother, he requested my father in law (his elder son) to take the house attached with vacant land and settle some money his other sons and daughters, so that he can stay with my father in law in that house during retired life. Hence my father in law also agreed and he paid Rs.60000/- as mutually agreed (20years back) towards the cost of the property. His bothers and sisters shared that money among themselves and signed a affidavit in a stamp paper saying that they have received money towards their share on this property and they or their legal heirs will not claim any thing on this property in future. (But the affidavit is not registered).
 
But my wife’s grand father has not agreed to make settlement deed in favour of my father in law’s name and he registered a “will” favouring to my wife name and her sister’s name (my sister in law’s name). Both my wife’s grand father and my father in law were staying in the same house as a joint family.
 
After I got married my wife, my wife’s grand father cancelled that “will” and made a settlement deed (part of that property – only vacant land) on my wife’s name. He once again made a will on my wife’s sister name for the house portion (part of the property). This happened 3 years back.
 
Now, my wife’s grand father approached my father in law and informed him that, since his other son’s and daughter’s feels that the amount paid (Rs.60000/-) 20years back towards the property in not sufficient and if my father in law pays another Rs.1.50 Lakhs, he will immediately make a settlement deed on my sister in laws name for the balance portion of the property (House portion).
My father in law also agreed and he paid Rs.50000/- as advance (But he didn’t take any receipt of that money).  But now my wife’s grand father is refusing to make the settlement deed and also not agreeing to return back the amount of Rs.50000/-. But still the will his in my sister in laws name only.
 
Now my father in law’s brothers and sisters threatening us saying that they are going to file a case against my wife saying that they are having share on the vacant land given to my wife. 6 months back I have constructed a house in the vacant land given to my wife by taking loan from a LIC HFL.

Kindly advise me how to proceed in this matter.



Learning

 2 Replies

A.Sivakumar (Civil Engineer)     05 May 2009

Dear experts,

Please help me in this matter.

any further informations required on this matter?

Prakash Yedhula (Lawyer)     12 May 2009

 It is seen that yoiur father-in-law has already settled the land portion in your wife's name and possession was also handed over to you. It is further seen that subsequetly you have also put up construction over there. 

 

Hence even if the brothers and sisters of your father-in-law chooses to file any suit for patition, you have a fair chance of success. 


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