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karthik (manager)     06 March 2014

Property partition dispute

Dear Sir,

My father in law has purchased 1 ground (2400) sqft Assignment Patta during 1986 in Zamin Pallavaram, chennai. He has two daughters (younger one is my wife). In the land he has built a 1 bhk house. He promised to his 2 daughters that he will give equal share 1200 sqft each orally.

During 2011, elder daughter and her husband built (5 units) ground + 2 floor on the existing building and my father in law has transferred the 1200 sqft land to them by executing gift deed in favour of his elder daughter with the condition of they have to pay 5000 Rs. per month to him against the old house. And he resides with his elder daughter in their unit. During the regn to his elder daughter, he asked us, whether we (younger daughter (my wife) and myself )  want the regn for our balance share of 1200 sqft. We told there is no urgent for that and let it be in his name to have confidence to him.

Now a week back 2014 feb, we have an idea of constucting house in our share by going for construction loan and asked my father in law to register the balance share in my wife (his younger daughter) name, he told that he will do in a week.

All of sudden, his elder daughter and her husband torturing my father in law and mother in law to not to register the land in younger daughter name and they want to buy from us for 40 lakhs (mkt value is 50 lakhs). They are telling that give the land to us or else take our land with building for 80 lakhs. (this building is construction is deviated from building approval. building approval thy got for ground floor only for 750 sqft. but they build ground + 2 floor in 1200 sqft with total built up area around 3000 sqft which exceeds FSI norm of 1.5). And also they told now only tht building laft is came 1 ft more in our share. (60 ft x 1 ft = 60 sqft we loosing as of now)

As my father in law and mother in law getting torture, they are in confusion, whom to support as elder daughter and her husband black mail that they will suicide.

My wife wants her share anyway and she wants tht land due to her identification is in that land and she have affection in her father land.

Even, if we ask our father in law to stay with us in a different area, they are not happy to leave their house area.

Pls advice, what to do to get our share. As the property is earned by my father in law, we cant file suit against him (even if we file suit, he wont thing wrong on us - and if possible, we can get our share)

thanks in advance

 

regards,

v.karthik

9710441405 



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 1 Replies

Kumar Doab (FIN)     06 March 2014

As rightly observed by you If the property is self acquired then the owner may give it away to any one as he pleases.

He can give the share to younger daughter by Gift Deed, or Register in her name during his life time.

If the family of elder sister want to pay Rs.40 Lac then consider the option as if your father in law does not wish to give the share then he can do so.


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