• Family dispute

Hello lawyers ! . I belong to Jatt sikh family & We are two childern of our parents me and my sister. Due to disputes between our maternal and paternal families we live separate from childhood. My mother is only daughter to her parents, So Me and my mother lives in my maternal grandparents house and my sister lives with my paternal parents. My father also favours my sister and in 2008 when I was a minor he sold out his entire property and gave in the hands of my paternal grandfather for study and all of her maintaince. Me And my mother got nothing from the our Ancestral property on which both of us legally had right. My maternal property was on the name of my Maternal Grandmother (Nani) and my mother. My Nani made a will and my mother made transfer deed in my favour. Now my paternal family is forcing me and asking for money for my sisters marriage. Why should I pay when entire property was already given in their hands and I got nothing ! How can they demand any maintainance from me legally when entire ancestral property of my father even including my and my mother's share was given to them. It was their choice how to use that property once it was given to my paternal grandfather. Now they are excusing that all money of my father's property is finished on my sister's study only and they have no savings or any more money for her marriage. Then is this my fault ? my mother did not denied at that time and allowed all of my fathers property to gave in grandfathers hands for my sisters study and maintaince and it was 8 lakhs (liberated from the sale of my fathers agricultural land) in year 2008. They could increase that money or could aslo buy some property on the name of my sister for her future. But that was their decision bcz my father had given all auothorities in their hands. They are fooling us bcz my father was expired 6 months ago. Plz guide me sir what should i do ? My basic questions are :

1.Can they legally demad maintaince or money for my sister's marriage even after getting entire ancestral property of my father ?

2. What legal steps can I take if they do not stop forcing me 

Plz reply Thanks !!
Asked 4 years ago in Family Law
Religion: Sikh

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8 Answers

1. They cannot demand anything from you as you have full rights over the inherited property of maternal grandmother.

2. If they still trouble you, you can file a suit for cancellation of the previous sale deed executed to sell the ancestral property. Once the sale deed is cancelled, the buyer of the land would initiate recovery proceedings against the seller, but since he has died, his legal heirs would be impleaded in the suit.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) on your father your sister marriage expenses have to be paid for by your mother

2) if you are working and mother has no source of income you ha e to hear your sister marriage expenses

3) is your grand father alive ? . If property was sold by father and money given to grand father ask him to meet your sister marriage expenses from said Rs 8 lakhs given ti grand father

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. They can not force you since you do not have any right or title over the property of your father.

2. If they continue forcinf you then lodge a complaint against them in the police station for harassment and criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your father did not need any permission for my mother before selling the ancestral property as she has no right the ancestral property of your father, but prior permission of the court is required in case a property is sold in which rights of minor children are involved.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Client,

If property was self acquired by father than you and mother never had any claim in sold property.

If property was acquired by your great grand father than only u had share in the property but not of your mother.

Well, they have no right to ask for money except request.

Complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Your sister got your father's share and you didn't get anything which is injustice your sister too didn't care about it. Now your father and his family have an obligation to care for you and your sister. Your maternal family don't have any obligation. Whatever they have done for you is because of your mother. They cannot pressurize you into giving anything and you shouldn't as you too have no obligation. You can file a cancellation of the sale deed in case you want a share in the property of your paternal ancestors. Lodge a complaint before a magistrate of unduly pressuring you unto submission to their demands.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. Legally they cannot demand any money from you.

The property transferred to your name shall be your own and absolute property.

You may refuse to give them even a single penny.

2. You may issue a legal notice instructing them to refrain from troubling or torturing you this way failing which you would be constrained to proceed with legal action against them as per law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Actually you have been misinformed that your grandfather's property as your ancestral property.

The fact is that your father can sell the property lying on his name without taking any permission or consent from anyone.

So don't fight a waste legal battle on that subject instead try to protect your own property properly.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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