Chand (associate) 22 April 2013

Son, father and a civil suit

A has sons B, C and D.

both B and C are doing small jobs hence they aren't well off financially.

C has a dental degree with payment seat and set up a dental hospital and all the expenses (for study and hospital) spent from the joint family funds and C became well off financially over the years with his dental practice.

C now raised a civil suit claiming that A isn't accepting for the partition of joint family property even after several pleads and C also mentioned his mother's properties are also part of joint family property along with A's properties (both ancestral and self acquired) but C didn't show his own house as part of joint family property.

Now A wants to include C's house property as part of Joint family properties in A's counter affidavit since C mentioned his mother's properties also part of joint family properties.

if A does so, can it be sustained as per law?

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2 Replies

Rajendra K Goyal (Advocate) 22 April 2013

There are two parts of the property held by A (father) and mother. First Ancestral and second self acquired. Ancestral property will be distributed among remaining legal heirs after father or mother. Self acquired property of A or the mother can be disposed by them in any way during life and after also by a will, and no son has any right in it during life. C can not claim it all till A or mother is alive.

The education expances of C seems to be paid by father. If this was paid as loan father may ask to return it with interest subject to limitation period. The litigation will be costlier and lengthy and will be decided on merits. concrete proofs of the payment of educational and other of expances need to be given to the court in litigation.

Though it is not clear but it seems that the property of C is self acquired. A,B,D or mother have no right to claim it.