• My grandpa had moved to his aunt's home and earned agri land 40 years ago

Hi team,

My grandpa[2nd son] had moved to his aunt's home and has self earned many acres of agriculture land before 40 years ago.

in the same house his younger also was staying for some days

now his all 6 younger brother's families have put a case in court for claiming share in the property 

What will be the outcome of this case sir

Thank you team.
Asked 1 month ago in Property Law
Religion: Hindu

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18 Answers

If the agricultural land is self owned by grandfather second son then other younger do not have any rights in his property.

 

If that land is earned by great grandfather then all his son will have share in the property.

Ganesh Kadam
Advocate, Pune
12126 Answers
142 Consultations

4.9 on 5.0

They have no share in his self acquired property 

 

2) on demise of grand father property would devolve on his legal heirs namely wife and children 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. If this was his self acquired property and he passed away intestate then on his demise it devolved through intestate succession on all his Class 1 heirs (widow and children) equally,

2. His brothers much less their heirs have no share in the land of your grandfather.

3. You should contest their case fittingly.

4. Also file a suit for declaration of your title to the property.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

Nobody has a share in the Self acquired property of a person. He may give it to anybody.

If he didn't make a will then it will go to his children and to none.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

If he purchased the property in his name and it was purchased by him with his own money earned by him then he and his heirs are the rightful owners of the property.

They may try to fudge up things by claiming that he purchased the property by funds given to him by his brothers but they have to prove it in court.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

1) younger brothers have no share in self acquired property 

 

2) rely upon bank statements of grandfather to prove grandfather had purchased property out of his own funds 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. They are trying to prove the land is ancestral.

2. The only way you can repel their attempt and stop them from succeeding in their design is by contesting the case filed by them and by filing a suit for declaration of your title,

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

Dear Sir,

It is his self acquired property and only thing you have properly project the things before the court. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5918 Answers
305 Consultations

4.8 on 5.0

It is not known that on what basis the siblings of your grandfather have filed a suit claiming their shares in the properties.

Since the details are not known besides the case is before  a court of law and the nature of the suit or the status of case is not known no concrete opinion can be rendered to your query without knowing the details as mentioned here. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

If it was your grandfather's self acquired property and he possess documentary evidences to establish the legal fact before court to this effect, then the case filed by his siblings may not be maintainable.

The parties living together as a joint family is different from HUF.

The siblings of your grandfather cannot claim any share in the properties purchased by your grandfather on his name just because they were all living together in the same house. 

Your grandfather has to challenge the false case with the support of the documentary evidences and merits in his side.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

- As per law , none having right to claim over the self acquired property of any person during his life time. 

- Further, after his death intestate , his property would be devolved upon all the legal heirs i.e. his wife and children equally .

- Further only in the absence of class - 1 legal heirs of deceased his property can be claimed by class-2 legal heirs.

- Hence, during the life time of grandpa , his property cannot be claimed by his brothers or any relatives . 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

-   Outcome of the case depends on the evidence only.

 

-   If grandpa purchased the property by his own funds in his name then he is absolute owner of the property.

 

-   But the families of brothers will not leave easily.

They will claim that property was purchased by funds given by his brothers. 

All the funding part have to be proved it in court.

 

-   HUF property have to be declared as HUF property then only it becomes part of HUF.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

Dear Sir,

1. Since the property is self acquired property, it shall devolve ONLY ON HIS LEGAL HEIRS.

2. Only ancestral property shall be divided between others 

3. The assets of your grandfather's SELF ACQUIRED PROPERTY, will go his legal heirs, and to their children, whic is you.

Thank you,

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Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

 It is not necessary to gather the documentary evidences for the payment done by your grandfather to purchase this property.

Since it is a old property i.e., more than 4 decades old, the registered sale document would be substantial documentary evidence to establish the fact the property belongs to him.

It is the burden of the opposite party to produce any evidence to establish their allegations/claim in this regard.

The time taken for disposal of the case cannot be predicted owing to several; factors involved in this.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Approach the bank for bank statement 

 

search in your grand father residence for his old bank pass books 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. You do not require any payment proof.

2. The devolution through intestate succession is qua all Class 1 heirs.

3. You just need to contest the case.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

Dear Sir,

1) The opposite party shall have to render evidence to support their claims.

2) You can search the old pass books and bank account information of your grandfather to ascertain he had made consideration/payments to acquire said properties.

3) You can also refer to the registration details, sale deeds as proof of the property and its true owner.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

- If the property is in your grandpa name , then it means it is his self acquired property . 

- Further even this property came to your grandpa from the ancestral property , then also after getting the said property it will considered as self acquired property , and it cannot be a family property after his death to claim right by his brothers. 

- Even they have contributed the purchase this land in the name of your grandpa , then also legally they have no ground for claiming share after his death . 

- Further, if they have proof of fund with them to invest, then there may be some deem chances. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

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