chennaicitizen (consultant) 17 April 2010

Threat

Sir,

I have question regarding Operation/Modification and division of ancestral property. I am posting this

questions on behalf of my father.

The property belongs to our grandfather and he passed away in early 80's. Grandfather has 5 sons and three daughters. There is some income generated out of this property. One of the sons is co-residing with my grandmother. He takes care of property management currently. this property is under legislation of tamil nadu state government. In 1990's five sons have agreed to let my grandmother use the income generated out of property and have identified and acknowledged the share of property they will receive upon death of my grandmother. Also, two of the eldest son have agreed to pay x amount to their sisters. however, this document was not registered. Eldest daughter has passed away and has daughters and sons. It is also my understanding that my grandmother is using the income out of this property for managing the property and taking care of herself.

Please help us to understand

the law.

1) Who all have right to property?

2) Does the daughter get equal share to the property?. Does eldest daughter heir's have any right on this property?

3) Does my grandmother have sole rights to use the income of the property?. Can any other heir make a claim

to this property income?. Is she legally required to present the accounts to her childrens or grandsons?

4) Does the agreement reached on 1990's is legal and still holds good even though this has not been registered?.

5) One of the elder son has recently specified that he wants to make a modification to the undivided property (to the portion agreed in the earlier agreement signed during 1990's). Is he legally allowed to do so?. Can any of the son's have the right to stop this modification?.

6) One of the Grand son (Eldest son of Eldest son of my grandfather) has sent a letter legally warning (in a letter head of political journal press he owns ) to two recipients (1 -Son who manages the property, 2 - My Father) . It is my understanding that he accuses on this letter that both my father & other son (one of the recepients of the letter) has been misusing the income of the property and taking advantage of my grandmother who is in early 90's. I would like to highlight that My grandmother is healthy and can make her own decisions. He is requesting both my father and other son to be present the accounts on family meeting convened on xx-xx-xxxx. Failing which, he will initiate suitable actions against both at their cost and consequences.

My father neither stays at this property nor has been managing property/accounts. He also to my knowledge has not received any income on this property. This letter has been marked as copy for information to three other brothers. It also does not seem like this letter has been sent on behalf of those three sons.

a) Does this grandson has the right to question my father?

b) Should this account be examined and approved/verified?

My father after receiving this letter (diabetic) has been under mental agony and undue stress.

What kind of legal action can my father initiate against this grandson & what steps can be taken to protect him selves against any future disputes.

Thanks

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3 Replies

R.R. KRISHNAA (Legal Manager) 17 April 2010

1) Who all have right to property?

All the children and grand children of your grandfather are entitled for share.

2) Does the daughter get equal share to the property?. Does eldest daughter heir's have any right on this property?

Yes the daughters also have equal rights and share.

3) Does my grandmother have sole rights to use the income of the property?. Can any other heir make a claim to this property income?. Is she legally required to present the accounts to her childrens or grandsons?

Since her rights to use the income of the property has been approved by the sons and an agreement also made on the same, the sons have no right to question it.

4) Does the agreement reached on 1990's is legal and still holds good even though this has not been registered?.

The arrangement must be if I am not wrong should be only a “Family
Arrangement” and it cannot be interpreted otherwise. It will hold good even if not registered.

5) One of the elder son has recently specified that he wants to make a modification to the undivided property (to the portion agreed in the earlier agreement signed during 1990's). Is he legally allowed to do so?. Can any of the son's have the right to stop this modification?.

Modification is not permissible unless all the parties to the agreement of 1990 confirm and consent.

a) Does this grandson has the right to question my father?

b) Should this account be examined and approved/verified?

I would suggest that all your family members can meet and discuss about a fair partition as per the agreement dated 1990. It is advisable that the property and income can be partitioned now itself to avoid future complications between the generations of the grandchildren.

If the meeting does not fetch any result, your father or any of your uncle may file a suit for partition before the civil court. Needless to say again that all children (sons and daughters) have equal right in the property. Since the daughters have not got share the agreement of 1990 there are chances that the daughters may claim rights in the property. In such case the agreement of 1990 will be held invalid, unless the daughters have expressly consented to relinquish their rights in writing during 1990.

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chennaicitizen (consultant) 17 April 2010

Thanks for your immediate reply and advice.

Since the daughters have not consent to the agreement , does the agreement still hold

good under the law. If i understand you correctly this agreement is not valid as the daughters would also be joining this meeting convened.

also wrt to income does this invalidate the *right of my grandmother of using the income generated out of property)?. Can the grandson/daughter question my grandmother wrt to income?

Again on the last point of making a false claim against my father of misrepresenting and manipulating my grandmother. Can my father initiate any legal action against the grandson as i understand that he seems to have threatened other uncle that he will attack both my father and uncle.

--> this grandson is also going to record video conversation of this meeting?. Can we legally request for a copy of this or object to prevent this from being manipulated later?.

Thanks again

R.R. KRISHNAA (Legal Manager) 17 April 2010

The daughters have the right to challenge the agreement. Even they can go to the extent to say that they were unaware of the agreement and it was concealed from them all these years. Since the agreement curtails the rights of the share of daughters the agreement as invalid.

This agreement is invalid in respect of the share of the daughters and as well as the income issue.

If there had been any serious accusations against your father in hte notice sent by the grandson you may file a criminal case of defamation against the person before the magistrate court. As you say that the grandson is threatening your father you also can give a police complaint in this regard.

Negotiate peacefully and settle the dispute amicably because all of you are family members.

Best of luck.

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