karthik (Team LEader) 20 February 2012

Self acquired property

Hello Sir/Madam,

My father-in-law (MR.K) owns 1 property in bangalore and 1 property in village.

Property in bangalore is taken by Loan 30 years back when he got married and he was employed and has the salary details and was residing in bangalore and not with her paerents and brothers who was major.

Property in vaillage is taken by cash 30 years back when he got married,the money was given to him by his fatherinlaw to her daughter(his wife).

Now he has ancestral property in village and his brothers are claiming that the property earned by MR.K also belong to Hindu Undivided Family and trying to include in the partition with the ancestral property.

MR.K wants a end to this solutions and dont like to give the property to their brother as he has earned for it.

Please advise should he needs to make self declaration in front of the court to prove that it was self acquired property?

Can he gift deed it to the his daughters/sell it? If he does so,can the brothers file a suit against the properties sold?

Will the above properties be considered to HUF?

Please advise

Many Thanks

Reply Follow

4 Replies

Adv Archana Deshmukh (Practicing Advocate) 20 February 2012

Both the properties are his self-acquired properties so he can alienate it in any way. There is no need to make any self declaration in front of the court to prove that it was self acquired property. He can sell it or gift it to any one. If his brother sues him for partition claiming that they are the ancestral properties then he can prove it at that time with the evidence that he has with him.

Kiran Kumar (Lawyer) 20 February 2012

Well, there is no imminent need for filing Declaration suit.

However, in case partition suit is filed by other brothers then certainly your father will have to prove that it was a self acquired property and not an ancestral property.

if you wish to dispose off the property then may do it, in order to avoid litigation do it out silently.

karthik (Team LEader) 21 February 2012

Dear Madam,

Thanks for the reply,how would it effect if we make the proof of evidence now and make the self declaration as he is on death bed and may die anytime.The concern is after his death to prove that the property is not ancestral and self acquired,we will not be having the details and we are sure they will file a suit.

What are the ways to dispose the property silently as MR Kiran Kumar has replied to avoid litigation.

Apart from Will,GPA or Gift Deed to his married daughters can make us be on saferisde of having all the legal rights on the property?

Regards