shailesh (technical associate) 16 February 2011

Property Dispute-Urgent Please help

HI,
My question is little complex. so i am putting in points

1. My grandfather died in 1967 and my father grandfather was alive till that time. since then we shifted to delhi. My father grandfather was having self acquired property and was also having 2 sons and 2 daughters . My father grandfather has done a registered will in 1969 in the name of father's chacha ji stating that 2/3 of total area is belonged to him and 1/3 will be given to us so that we can stay over there and we can stay till my father's chacha ji willing to do so. Till that time we were having 1/3 of possession

2. In 1971, we got the half possession of the area as oral family settlement. In 1977, all legal heirs has done a relinquishment deed in favour of My father and my father chacha's ji giving them 1/2 to each other.

3. Then My father's chacha ji got expired in 1994 leaving 2 sons and 2 daugthers.My father'chacha ji legal heir has done a relinquisment deed of whole plot in the name of there 2 sons and then son A has given the Power of Attorney to Son B.

4. Son B has now destroying and constructing the home in there half. So we want to get the title in our name of our half property.

5. One more thing i want to say we have possession of 1/2 property since 1977 and my father has done mutation in his name since 1997

Please guide how we can tackle through this problem and how we can get our half share

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2 Replies

PRNarayanan (Regional manager) 17 February 2011

For 1: Relation. Father grandfather what do U mean.From what U say can understand that U are one of the male desendend through a male progeny. In adition to your father 2 more sons and 2 daughters to your grand father.This does mean or creating rights over properties , because U say self earned properties. And exceution of a Registered WILL by your grand father, further deny rights to memebers of the family in accordence with The Hindu Succesion ACT. Did your Chachaji and your father transfer TITLE of the relevant portion 2/3 and 1/3 of properties and do they hold Title to that effect. You say possession .Note just because you are in possession, does not mean that you are the owner of the property. You can say that you are not a Tress Passer. For 2: In 1971 Oral family settlement.[Family settlement can not be questioned or interfered by any court of Law as long as it not questioned or challenged] In 1977 you say a reliquishment by family legal heirs.Ok they have given up their rights in consideration of getting Half share in 2/3 rd portion of properites bequethed by your Chachaji. So U see your chacha share of 2/3rd is divided into two in 1977. The other half of 2/3rd is held with your Grandfather. For 3 :In 1994 your chachaji died intestate leaving behind 2 sons and 2 daughters. Since grand father died intestate the grand sons have birth rights over their grandfathers properites.GrandSon A and grandson B are entiled to half share each out of half share in 2/3rd share. A & B got additional share of their fathers share who relinquished the rights in their sons favour. Son A have right to appoint a Power Agent for his convenience. For 4 : How can U calim half share of the entire estate. Your right arises and limits only on the 1/3rd share of your father bequethed from your grand father. Did U by meats and bounds separated this 1/3rd portion of the properies that was bequethed by your father . Ok if not done Is the Descripttion written in the registered WILL. If this descripttion is given , U have full right to that extent of land only. Now separate it and fence. For 5: Son B yes, he has every right based on what You say to do any thing on their [A+B] portion of land. For 5:You say your father possessed 1/2 property.This rather vauge. If your father had taken care of their lands he can claim improvements provided he is liable for accounting for verything ie Income and expenses etc From what you have stated ;this what one can understand. Try if required seek leagal remedy to safe guard 1/3rd share of the properies that your father got from your "Father grandfather" under a Registered WILL in 1969. There is no chance for claiming half share in the entire estate.