you can seek expedited hearing if you are senior citizen
2)property was bought in name of minor for benefit of joint family as minor had no source of income . hence other siblings can claim equal share in property
Patternal property
My father sh. parsan`s father were two brothers. Sh. lallu and sh chotelal were two brothers and were living at Jaspura Village, Tah-Pailani, Dist-Banda (UP). Sh. lallu had no child and sh. chotelal had three child 1.swamideen(eldest son), 2. chunkawan(middle son) and 3. parsan(youngest son). sh lallu, had purchased a land through registered bainama in 1956 in the name of his eldest nephew sh. swamideen, at that time sh. swamideen was 16 year old. sh. chotelal died on 1993. in 1995 Sh. lallu had registered a will for partition of his all property in the name of sh. swamideen and parsan after his death.sh. lallu died in 1996 in the year 2014 sh parsan retired from his service in nagpur, maharashtra and went to his native village and demanded his property rights in his uncles property from Sh. Swamideen. Sh. Swamideen denied the same. When seen on records the Said propery was in the name of Sh. Swamideen. My father resisted the same and filed a suit in Tahsil SDM court in year 2015 case no. 1200. Sh. swamideen died in 2017 and said property got transferred in the name of wife of swamideen and his two child equally.now the children of swamideen are fighting the case. whether my father will get the right in the said property and how soon. what are the remedy for quick disposal of the case. also, due to this case children of swamideen are harassing my father for their daily natural and living needs. please provide the solution.
Asked 6 years ago in Property Law
Religion: Hindu
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8 Answers
See even mr. Lalu paid for the property he took it in name of minor sh. Swami deen therefore you father has no right over same even if will says so as owner was not lallu it was Swami at time of lalu demise.
so even if suit is filed his children can contest same and you case can be rejected.
Yes it can be decided early depending the stage of the suit. You should have objected to the transfer of the said property in his wifes name by praying injunction.
Proprieties of Sh. lalluwill divide among swamideen and parsanas per WILL. recovery of possession suit will file to claim your father share on the basis of WILL.
Civil suits takes time, request court to grant interim order. And for any harassment and nuisence, file police complaint.
Follow the will of Lallu.
The property of Lalu who has no child could have been passed to all the children of his brother in absence of any will but as the case is different he has purchased some land in the name of his nephew so that land will definitely go to him because it is registered in his name and the lands transferred to other two brothers through will will go to do them as per the conditions of the will.
The person can only claim his share from the property transfer through will to him and any other property which is being transferred as ancestral property from his father because his father is not allowed to make any will for the ancestral property.
Your father has a right for his legitimate share in the property as per the Will left behind by his uncle.
He has to fight it out strongly because when his own brother had no rights to take away his share then his wards or legal heirs also do not have any rights to take away your father's share in the property and also they cannot deprive his rights ion the proeprty. He has got a good case to fight, let him follow it up through his advocate properly so that the case is progressing without any lapse.
- It has made clear that as per the will, your father should have got a Torino out of the property, but didn’t get it even after filing the case.
- It has happened because of the inaction by your advocate in time.
- When case was pending then there must be prayer in it to not to create any interest in the property in anyone’s name till the final disposal of the case.
- Children would have become party to the case, but not property divided on their name.
- Now, you should move an application before the same court for speedy disposal of the case or approach high court for immediate relief for speedy proceedings.