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RAVI KIRAN MANDAVA   25 March 2017

What is the share will i get ?

my grand father has property as he got from his father and his own aquired , as my grand father is expired , he had 4.67acres agriculture land and before 30years he sold out some other land and purchased ,constructed house in the name of my father, . , as he is not divorsed with my mother ,,, after that he got married ( 2003 ) with one girl (second marriage )  and the girl kept a case that he cheated that girl saying first wife is expired ,, after that he got setteled in lok adalath with second wife as they dont have children, ... ,,again my father got married in 2004( 3rd ) without divorse with my mother as the maintenance case was running in the court, my father have married ( third marriage ) another girl in the age of 50 as the girl age 20yrs now they have 12yrs son ,,, as my mother is expired in 2013,

now he is trying to give whole property to third wife and son

he is saying that he will divide into three parts (grand fathers property) and he will give me one part

and he is saying he will not give one rupee also in his property which is purchased by my grand father in the name of my father, he is saying that it is his own aquired property ,,, but it is purchased by my grand father with sale deed in my father name

total property is:

4.7 acres agriculture land ( grand father )

432 sq yds plot with constructed house ( grand father )

144 sq yds plot with constructed two stair building on my father name (purchased by grand father in the name of my father)

400 sq yds plot (father) purchased by rents got on two stair building

200 sq yds plot (father) purchased by rents got on two stair building

since 30 years my father dint do any job or business as he lived on the basis if rents on that building only,, and rents are 40,000 pm 

will i get every year crop on agriculture land and will i get rents as my share 

and what share would i get in these properties legally,, 

i request please anybody help me telling this  what would i get



Learning

 6 Replies

Kumar Doab (FIN)     25 March 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     25 March 2017

Accdept the 1/3rd (or 1 part) that father is giving you with thanks and gratitude and register it in yor name ASAP (thru a valid/registered deed e.g; sale deed, Gift deed). Ask your father to appear before registering authority in person with you. Take neutral/unshakable witnesses. Ensure that sides/boundaries are duly mentioned. Take possession immediately. Submit the deed to authority to update mutations in your name and obtain certified copies.

 

Try to avoid WILL as it operated after death of testator and can be challenged.

Avoid litigation as much as possible.

Kumar Doab (FIN)     25 March 2017

Nature of Father’s (Grandfather) property that devolves upon son (your father) as inheritance is self acquired.

Nature of property from self earned funds is self acquired.

Owner (your father) can dispose his self acquired property in his life time as it pleases to him, by a valid deed e.g; sale/gift/WILL etc ……………

Son has NO forced share in father’s self acquired property.

Grandson has NO forced share in Grand father’s self acquired property.

Kumar Doab (FIN)     25 March 2017

If your father married second time in life time of his 1st wife then the marriage is void.2nd wife has NO share in your father’s estate. Children (even if illegitimate) from 2nd wife (woman even if not married or even adopted by a valid adoption/deed) have a share in estate left undisposed by their father (and your father). 

Same is true for 3rd wife and her children.

Same is true for children from live in relationship.

Mariage after death of 1st wife (your mother) should be valid.

Children born from legal wed lock are not illegitimate.

Kumar Doab (FIN)     25 March 2017

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is.... ancestral property.  If it is devided in between it looses its nature of ancestral property.  
Even self acquired property can be thrown into ancestral pool.

Obtain mutation records of the said property (alongwith all link documents) from authority under whose jurisdiction property falls and show these to a very able counsel specializing in revenue/property/civil matters for a considered opinion.

If the property is ancestral you may succeed to file for partition.

However it may years to decide.

IN the meantime your father may change his mind and give nothing to you and even dispose the property by a valid deed.

Remember title of the property is in your father’s name and his actions to dispose the property bya valid deed can be bonafide in the eyes of law.  

 

Prefer to choose easier path than complicate the matters.

Kumar Doab (FIN)     25 March 2017

Your father (despite the mention of his unacceptable/immoral acts by you) is inclinded to give you 1 share {probably because you are his offspring from one (1st marriage)} and other shares to 2nd/3rd wife {or his offsprings from one 2nd, 3rd   marriage).

If possible maintain harmonious relations with father and his extended family.

 

This seems to be a fair division by the owner (your father: by his sweet will, during his life time).

 Accdept the 1/3rd (or 1 part) that father is giving you with thanks and gratitude and register it in yor name ASAP (thru a valid/registered deed e.g; Gift deed).

 Avoid litigation as much as possible.

Rest is upto you.




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