Uncle has no share in father self acquired property
2) in addition he has no share in property inherited by your father under will
No partition deed b/w 2 brothers from since 1983
My Grandfather sold his property and purchased new properties in the year 1975, that new properties shared equally to their 2 sons (each 10 acres). After my Father marriage, Both the brothers got separated virtually in 1983, and both brothers sold their own property after their Father’s death (Uncle’s 10 Acres and My Father 10 Acres) and shared their amount equally in the year 1984 and have been living separately in different places since then. and by that time there was no partition deed/understanding doc was made between them. After my father marriage in the year 1983, he came as Illarikam's son-in-law (a bridegroom going to the bride's family and living permanently with them (Matrilocality)), because my Mother don't have Brother. and My Mother Dad gave his own property to my Dad through Will in the year 2010 and he was passed away, and in WILL he mentioned very clearly saying my son in-law is Matrilocality since their marriage and he is the sole caretaker of me and my family with all the support. After my Father's marriage, my Father purchased all his property on his own. Now My Dad owns good property, compared to his brother. So far My Uncle and Father have had very good bonding, and Recently my Grandmother passed away, and after that my Uncle was against us and asking share in my Dad’s property. Can he(Uncle) challenge in court? If so, will it stand in Court!? If So… then how court deal with this!!! Will my father's property divide equally? If so, how can we challenge this!!!? Pls HELP ME and give me the right direction and suggestion to proceed with this further. Thanks a lot.
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
1. Your Uncle may challenge in Court.
2. As per your narration, your Uncle may not succeed by challenging your father's self acquired property.
3. Whether your father's property will be divided equally or not is subject to Court's direction.
4. However, it's better to show the documents to any Lawyer and solicit his opinion.
No.
No.
Uncle has no say in the properties and neither any claim in your father share. Relax
If the same is ancestral property of father all will be the legal heirs of the same. I’d self acquired then only his wife and children will have share share
The properties inherited from their father by your father and his brother were duly partitioned and both have sold their properties at that time itself and both have settled at different places and living separately.
Therefore the claim made by your uncle is no where legally valid.
Your father acquired the properties from his father in law through a Will which has nothing to do with the family property.
Your uncle's claim for partition or any share is not a legally valid or a rightful claim.
It can be considered as an illegal claim.
Your father need not give him anything, neither the court will entertain any claim made by your uncle in this regard.
- As per law, after getting the share from their fathers self acquired property , it will considered as self acquired property of your father and said uncle.
- Further, being the owner of the self acquired property , they were having right to sell their respective share and none of them having any right over others property and sale consideration.
- Further, none having any right over the property of your father getting by your mothers dad.
- Hence, your said uncle is not having any right over the property of your fathers from any angles.
- No, your uncle cannot challenge in Court.
- Not maintainable
- No
Dear client, your uncle cannot claim the self earned property of your father. Their father's property has been partitioned and sold legally. The property which your father has now cannot ge claimed by anyone.
He cannot challenge this in the court as it will not stand in the court of law.
