Hi,
the suit filed by your grandfather's brother's grandson will not sustain since he is claiming your grandfather's self acquired property. A person has legal rights to transfer his/her self acquired property through will, gift deed.
Self acquired property before partition
Hi My grand father purchased a land in 1966 in my grandfather name.my grand father has also got some ancestral property.in 2005 my grandfather died and he also made a will to my father for all his properties i.e self acquired property as well as his share in ancestral property.my father is only son to the grand father My grandfather has got elder brother.after my grand father dead, in 2006 my father and grandfather `s brother are dividing the ancestral properties by partition deed.after that grandfather brother also died.my grand father brother got one daughter. She also died.she got one son and daughter. Now her son has filed a suit against my father claiming a share in my grandfather self acquired property.more over my father has transferred the property to my name through partition deed. Please advice, whether my grandfathers brother grandson will get a share in my grandfathers self acquired property. Is that suit is valid?
Asked 8 years ago in Civil Law
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9 Answers
You have not revealed your religion. Assuming that you are Hindu, the position is as follows: If you are different religion, the law position will be different.
As far as self acquired property of your GF, there is no problem. But coming to ancestral property, the property will be divided as follows: Your GF and your GF's brother will get 1/2 share each.
Hence, the GF's brother's daughter's son is entitled to 1/2 share in the ancestral property. But he cannot claim in your self acquired property.
Thanks for your answer. I belongs to hindu religion only. Ancestral property was shared by my father and my grandfather s brother through partition deed.that is perfectly ok. After 10 years of partition my grandfather' s brother's daughter son has claiming that my grandfathers self acquired property is also joint family property, he wants share in it. So, he filed a suit. All the documents of grandfather s self acquired property is clear like patta, house tax , agricultural eb no name etc every thing is in my father name only. Please clarify whether his suit will valid or not?
Asked 8 years ago
Normally they will do such cheap tricks to threaten you, so that you will give your share to them voluntarily. Do not react to their threats and go on fight the suit. You will win in the end. Instead of giving share to them, you engage a good Advocate. If you pay between 50,000 to one lakh, you will get good advocate. Since you are from south India you can contact me through Kaanoon.com. I will explain you in detail.
1) your father would be absolute owner of properties as per grand father will
2) your nephew has no share in self acquired acquired property of your father which you inherited by will
3) grandfathers brother grandson will not have a share in my grandfathers self acquired property.
it is not joint family property as it is self acquired property of your grand father
2) it has to be proved by plaintiff that it has been bought out of joint family funds
Hi, They can't claim the share in the self acquired property of your grandfather.
Please advice, whether my grandfathers brother grandson will get a share in my grandfathers self acquired property.
Is that suit is valid?
Your grandfather's brother's grandson is not entitled to any share out of your grandfather's self acquired property as well as in his share of ancestral property. The descendants of your grandfather alone are entitled to any share of the said properties and not the outsiders. This grandson of your grandfather's brother is an outsider as far as this property is concerned hence he is not eligible or entitled for any share in the said properties.
His suit is not maintainable. You may fight it out properly.
After 10 years of partition my grandfather' s brother's daughter son has claiming that my grandfathers self acquired property is also joint family property, he wants share in it. So, he filed a suit. All the documents of grandfather s self acquired property is clear like patta, house tax , agricultural eb no name etc every thing is in my father name only.
Please clarify whether his suit will valid or not?
You do not have to worry. All the legal aspects and facts are on your side. As I told in my previous rely, he is an outsider insofar as this self acquired property is concerned. Hence his suit is not maintainable and deserves to be dismissed.
Your father may file a petition under Order VII and Rule 11 to reject the plaint on the same ground.
The grandfather willed his self acquired property to your father. Unless your father agreed in the partition deed, that he had executed with his father's brother on the demise of his father, to give an equal share to him in the self acquired properties of your grandfather, the heirs of your grandfather's brother cannot claim a share therein.
