My grandfather inherited a property from his father (naturally) - no will. My grandfather has 5 sons. In 2004 , my grandfather settled this property to 3 sons(by force) out of 5 by settlement deeds. The 3 sons enjoyed a bank loan (now repaid) as well as constructed a building in the pretext on sharing it with family once completed . But the rents which are being collected in cash were kept by the 3 sons post construction. When my father approached these 3 brothers, they refused to share the rent and give my father his share in the property citing how they are still paying back construction loan. It has been more than 12 years since the construction was complete . We are a Hindu Jain family . What should my father or I do to get our share in the property ?
At the time of settlement executed by grand father, property have acquired ancestral status. So settlement deed was void and GF could have settle only his share. So file partition suit to claim your and your share.
You also have share in the property now.
Your grand father has executed registered settlement deed
2) your grand father has no share in property
3) any suit filed by your grand father to set aside settlement deed would be barred by limitation
My grand has settled his share only to 3 sons out of 5. My father and another uncle have not got their share.
File partition suit.
1. Said property at your hands (not Father) shall be classified as "ancestral property", and you can stake proportionate share (that would have received by your father), but only via a local Civil Court suit for your claims.
2. Settlement Deed of 2004, now cannot be challenged by father since it is now out of limitation period.
In ancestral property both father and son including son if a son has right of share in the property by birth.
So any attempt to deprive a co sharer from having a share in the property would not be sustainable under the eye of law.
In that circumstances your father still has 1/5th share in the land and to enforce it he can file a suit for partition and injunction.
He can claim in the same suit share in rent of the property as well.
It is not ancestral property
2) it was inherited by your grand father and he is at liberty to execute settlement deed in favour of 3 sons only during his lifetime
- Since your grandfather got the said property from his father , hence after receiving the same it become his self acquired property , and he was having his right to transfer the same as per his wish , and none having right to claim.
- Further , if the settlement deed is registered then it cannot be cancelled now , but if the said deed is not registered then this property would be devolved upon all five sons equally .
- Your father should issue a legal notice and ask his 1/5th share in the property , even now it is constructed by any brother .
- If, no response , then file a Partition and Permanent Injunction suit before the court for getting his share and to restrained them to transfer the said property to third party.
My grand father didn’t get the property through any registered document or will from his father. My grand father became the katha of the HUF after my great grand father s demise. He may have just signed some affidavit to claim his ownership (to avail loan) and subsequently Drawn a settlement deed in favour of 3 sons out of 5 .
Other sons should have filed suit to set aside settlement deed as it is HUF property
2) contact a local lawyer and take legal proceedings to set aside settlement deed
3) delay in filing suit has to be explained by you
The property becomes your grandfather's own and absolute property even though he inherited it from his father.
If your grandfather had transferred his property to his three sons by registered deed, whether by force or otherwise, indicates that your grandfather has no more rights in the property.
If your grandfather has no rights in the property then your father's claim for a share in the property is not maintainable.
You may ascertain the facts and consult a local advocate for proper understanding in furtherance.
In my opinion any case filed by your father may not be maintainable.
There's no such law that your grandfather has to settle his properties equally among all his children.
If he has not allotted any share to two of his sons, it is his will and wish, the other sons cannot claim it as a right.
There should be a registered partition or settlement deed in the said case. Secondly the person who executes it should be legally authorised to do that in terms of share holder
Do you have evidence to prove that this is HUF property and that your grandfather was a kartha to this property.
Your imaginary concept do not have any answer in law.
The inheritance of father's property by son after the death of father would not be by a registered document.
You first understand that this is not ancestral property to your father, it is his father's own and absolute property.
Therefore you may try to have an amicable solution to this instead of stretching it legally which may not fetch you any fruitful result.
You can involve elders of the family outside the family to find an alternative and amicable solution.
- Your father can file a Declaration suit for cancelling the said Settlement deed on the said ground.
Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grandfather is called ancestral property.
in your case it is not ancestral it is inherited property.
if your grand father executed settlement deed in favour of 3 son's in his lifetime then it is valid.
if property is ancestral , You will need to file a suit for partition by enforcing your father rights and claim share.
Your father cannot claim share from that property because property was transferred on name of his brother by your grand father during his lifetime and he never filed any suit for cancellation of settlement deed on ground of coercion.
Settlement deed is void. Have to file partition suit to claim your father and your share.
The property was the grandfather's ancestral property and hence your father has a share in the property irrespective of whether his brothers want to share with him or not. File a partition suit.
You should file a partition suit.
Yeah this is an ancestral property. Your father has a share in the property.