• Love affair claiming on grandfather property

Hi Sir/Madam,

My cousin sister eloped and got registered marriage with different cast boy both from Hindu community. Now She is claiming for grandfather's property. We suspect the boy is provoking for property and grandfather is not ready to share the property to anyone in the family propery is on grandfather name . 

In addition my aunt (cousin sister mother) has built a house in grandfather's land with his approval but nothing on papers and for the construction of house the money was spent by my cousin sister.Does she has rights to claim the property ?

My Aunt is crying every day and wants to know if we can file any type of domestic violence case or any doubt on dowry harrasment case on the boy who eloped my cousin sister?

Note: My cousin sister is fully supporting the boy and boys family.

Regards,
Karthika Shri
Asked 7 years ago in Criminal Law
Religion: Hindu

6 answers received in 30 minutes.

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16 Answers

Hi,

In the lifetime of grandfather or grandmother, no one can claim their property without their wish. Further, aunt may file the case but the same may not sustain. However, you may inform DM, SDM and police authorities through your informatory application.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Grandchildren can’t claim right to grandfather’s self acquired property.

Mohammed Mujeeb
Advocate, Hyderabad
19333 Answers
32 Consultations

1) during grandfather lifetime granddaughter has no share in property

2) cousin sister has no share in property built on grand father land

3) you cannot file DV or Dowry harassment case on husband of sister

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

Hi,

Since cousin sister is supporting, no case of dowry or domestic violence will sustain against the boy. Since the cousin sister married after getting age of major, nothing much can be done

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

First of all she has not claim in grand father property, so scold her back , can do whatever she wants to.

And her mother can file complain to police agasint both husband wife for mentally torturing and threatening on call, this way police will issue prohibitory order, still she did, police will arrest them.

And she is major and run by her choice, no solution until she herself face violence from guy side.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If the grandfather is alive, his acquired property cannot be claimed by this girl during his lifetime.

Even if he's no more and if it is assumed that he dies intestate, then also since this does not appears to be an ancestral property, this girl cannot stake a claim herein.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you cannot file dowry or harrasment case without consent of your cousin sister.

Mohammed Mujeeb
Advocate, Hyderabad
19333 Answers
32 Consultations

Sir in support of the wife no case shall succeed against the boy and further the court also take favouring views in inter caste marriage and negative view towards the opposing families. Also for domestic violence is not possible and aunt and the husband of her daughter are not in domestic violence,

Further the grandfather is sole owner of the property and he has right to dispose the property on his will no one other then him has any right over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir no case shall succeed as there is nothing on record even she files a complaint of such nature the police shall reject it upfront

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Kindly clarify that whether the property is the self acquired property of the grand father or the ancestral property.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, without the support of cousin sister no case can be filed on the boy since both are majjor.

Only the cousin sister has a right to file a case for harassment.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In normal case any child have the right on the property which is of ancestral nature if the grandfather's property is not self acquired property we can make claim on the property but in case the property is self acquired property he can transfer the property through gift deed or by a will to any other person

If there is any property acquired by her parents they can be disown her from their properties.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Your cousin sister is not even a Class 1 heir of her grandfather if her father is alive. During his lifetime the grandfather is at liberty to alienate or will his property to anyone he desires. None of his legal heirs can claim any share in his property during his lifetime.

2. Cousin sister cannot claim any share in the house constructed on the land of grandfather.

3. Your aunt can file a DV case against her daughter to seek injunction to restrain her from entering her house and also communicating with her in any manner directly or through an agent.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

My cousin sister eloped and got registered marriage with different cast boy both from Hindu community. Now She is claiming for grandfather's property. We suspect the boy is provoking for property and grandfather is not ready to share the property to anyone in the family propery is on grandfather name .

She has got no rights in her grandfather's property, if at all her father inherits any share in that property and if he dies intestate then she may claim a legitimate share in the property left behind by her father.

Her grandfather can refuse to allot her any share because he is not legally bound for that.

In addition my aunt (cousin sister mother) has built a house in grandfather's land with his approval but nothing on papers and for the construction of house the money was spent by my cousin sister.Does she has rights to claim the property ?

Your aunt should have got it transferred to her name by a registered document before starting the construction over the vacant land.

The oral permission will not stand in the court of law.

My Aunt is crying every day and wants to know if we can file any type of domestic violence case or any doubt on dowry harrasment case on the boy who eloped my cousin sister?

Your aunt cannot file any such case.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

My Aunt is crying every day and wants to know if we can file any type of domestic violence case or any doubt on dowry harrasment case on the boy who eloped with my cousin sister

Any such case can be filed only by her and not by your aunt.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

Domestic violence and dowry harassment can be filed only by your cousin sister against her in laws. If she denies your charges then you all be prosecuted for false charges on her in laws.

She can claim right in property if she can prove that the house was constructed by her money.

If ahe cannot prove that then she can claim share only if the property is inherited by your grandfather.

If the property is self acquired by your grandfather and she cannot prove that mpney is given by her for construction then she cannot claim any share in that property.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

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