Hi iam manu, this property is owned by my great grandfather in 1961, he has 3 son & 4 daughter , the property size is 2200 sq feet, after his death in 1982 my grandfather that is my great grandfather 2nd son has registered his share that is 630 sq feet among 2200 sq feet in 1988. The rest of the property is in still my great grandfather name. My grandfather has married two wife, first wife has two children (elder) female and my father , & second wife has one female. My grandfather married to second wife without any legal divorce to first wife. Now my grandfather has dead in the year 2017. But the property still in his name. (630 sq feet). And now my father is drinker, and he has 3 affairs he is now threading me and my mother that he will take all the property without our permission and he will spend all the money for drinking and for his affairs. Every day he is giving mental and some time physical torture to me and my mother. Me and my mother has also attempted for suicide because of my father torture. Now my question is 1)Do we have share in this property, if yes how much ? 2) Does our permission is required to sell this property? 3) What action can we take to stop mental torture ? 4)How this ancestral property will be divided among this members? 5) Does we can file a case such that no money will go to my father ? 6) Can my mother file a case against my father because he has affairs all thou we don't have any proff ?
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1) during father lifetime you have no share in property
2) property which has remained undivided for four generations is ancestral property
3) your mother can file DV case seek injunction restraining sale of property by father as it is her matrimonial home
4) your permission is not required to sell the property
4) your mother can In DV case seek protection order, maintenance , compensation for mental torture undergone by her
1. If your grandfather has died intestate (without executing a WILL for his 630 Sq.ft land), then the property would devolve equally to his 1st wife and their 2 children as also for the daughter born from 2nd wife. There will not be any share for you and your mother during the lifetime of your father.
2. During the lifetime of your father, you and your mother will not have any right over this 630 Sq.feet of land in which your father has a share. There is no need to take either your's or your mother's permission.
3. You and your mother can lodge a Police complaint against your father to stop the mental torture.
4. The property of 630 Sqft will be divided as per Sl.No.1 above.
5. This point is already answered.
6. Your mother can file a complaint against your father after she collects all the evidence to substantiate her allegation.
The property 630sq.ft is already for sale and some one made sale agreement also, now how to stop my father getting the money, because if he gets the money he will spoil all the money the money. Can we file any case for this , are can me and my mother can also get some share
Mother can file DV case seek injunction restraining sale of property by your father
2) take plea that it is her matrimonial home and father is drunkard and throwing her out of her matrimonial home
1.The property which was in the name of your grandfather would devolve equally to his 1st wife and their 2 children and the daughter born from 2nd wife , and the second wife will have no share .
2. Since, the property is an ancestral property , and not purchased from the fund of your father, hence you have share into the same, and for selling the same your permission is required as per law.
3. Your mother can lodge a complaint under the provision of domestic violence Act to stop the mental torture and for a right to residence , as well as monthly maintenance.
4.Send a legal notice for distribution /partition of the ancestral property
- If, no response , then file a suit for partition with mandatory injunction , even he already entered into an agreement for sale with other.
5. To stop from selling any part of the property , you should file a suit for mandatory injunction .
6. Yes, read No.2
1. See in life of your father you have no share in the same.
2. Father and other legal heirs of grand father can freely sale the property if there is no will.
3. You and your mother can file criminal complaint against your father for same.
4. See the property of grand father in absence of will shall be divided in 4 equal share one each for children and in one share two wife shall have equal share.
5. No such case is maintainable.
6. Mother can file.case for domestic violence and mental cruelty.
See for property no case is maintainable as such though mother can file case for cruelty seek maintenance and in same she may pray for stay on sale of property.
Yes being ancestral property you all have share in the same. It's better all can settle and execute registered partition deed otherwise partition suit needs to be filed before civil court
Dear Sir,
My answers are as follows.
1)Do we have share in this property, Ans: Yes you have shareif yes how much ?
Ans: Each branch of your great grand father has one equal share in which you grand father has one share and in which your father has one share in which you and your siblings to get devide equally.
2) Does our permission is required to sell this property?Ans: Yes, just file suit for partition and get a stay order.
3) What action can we take to stop mental torture ?
Ans: Your mother can file Domestic Violence case.
4)How this ancestral property will be divided among this members?Ans: As per above formula and if your great grand father has no legal heirs except your father then he will get property and in which yourself, you mother and other child of your mother has to share.
5) Does we can file a case such that no money will go to my father ?
Ans: It can be provided you undertake to look after him. 6) Can my mother file a case against my father because he has affairs all thou we don't have any proff ?Ans: Many number of cases can be filed by your mother. The property 630sq.ft is already for sale and some one made sale agreement also, now how to stop my father getting the money, because if he gets the money he will spoil all the money the money. Can we file any case for this , are can me and my mother can also get some share
Ans: Immediately get a stay order.
1. Your father is entitled for an equal share out of your grandfather's share of 630 Sq. ft in the property i.e., to an extent of one third share in the property.
However his share of property shall be his own and absolute property and no one can claim any share out of it as a right at least not during his lifetime.
2. Not necessary because it is not an ancestral property.
3. Your mother can file a DV case or a criminal complaint with the local police about his tortures and acts of cruelty.
4. This is not ancestral property, upon intestate death of your grandfather, his legal heirs consisting your father his sibling, step sibling are entitled to an equal share in the properties left behind by your deceased grandfather as successors in interest.
5. No such case will be maintainable or entertained by court.
6. Even if she has proofs to prove that he is having extra marital affairs no criminal case is maintainable because it is not a crime anymore.
Your mother can file an injunction suit against this property seeking to restrain him from selling or alienating or encumbering the property in any manner for the purpose of future maintenance.
But she has to file a maintenance case if he is not taking care of her and the family maintenance.
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
You can not claim share, your father has absolute right over it. He can give to anyone he desires during his lifetime either to you or to any third person and you can not question them..
Consent not required to sell said property..
Your mother can file Domestic violence and 125crpc and claim maintenance.
Dear Sir,
It is better to file a partition suit and also file a injunction suit against your father that not to sale the property.
The court may order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging alienation, sale, removal or disposition of the property as the court thinks fit until the disposal of the suit or until further orders.
Dear Sir,
After the death of your grand father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Hindu Succession Act, 1956 [Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood
You can obtain stay from court, property being ancestral, great grand children have share in it.
1. Yes you definitely have share in the property of your great grandfather and grandfather(if it is not partitioned among legal heirs)
2. Yes your permission is required to sell property of great grand father but not for your grand father share.
3. Your mother can file domestic violence case against your father.
4. Ancestral properties will devolve among all legal heirs according to horizontal hierarchy.
5. Yes you can file partition suit to claim your share from ancestral property.
6. No case cannot be filed against extra marrital affairs but she can file other cases against your father.
