Can I file a partition suit
Hi,
Ours is a Hindu family. My grandfather use to run a business. He purchased some properties
out of the money earned from business (his own income). He died in 1959. He has three sons
(say A, B and C) who are all married by that time. Till 1963 the three sons lived as joint family.
In 1963 the three brothers made partition of their father's property. At this time all three
sons also have one son each (say son A1 born to A , B1 to B, C1 to C). The grand father's
property was divided between A, B and C. However in the partition deed the grandsons names
were also included. A and his minor son A1 jointly got few houses and some cash. B and his
minor son B1 jointly got few houses and some cash. C and his minor son C1 jointly got few
houses and some cash.
C has later given birth to two more sons (C2 and C3) and two daughters. C is also employed
and use to get some salary. C bought few plots in 1964 and 1965. All these plots are on his
name. As his salary was very meager probably he purchased the plots out of the cash received on
partition. On one plot he built a house in 1970 where we are presently living. He sold one house received on partition to build this house. Now except for this house C disposed of all the plots. Long time back he disposed of few plots for daughters marriage. In the year 2000 he disposed of few plots and gave money to C2 who is doing business. Also in 2006 C gifted one prime plot (valuing Rs 3 crores on those days) to C2.C2 disposed of this plot in 2007.C1 and C3 are in employment.
Can you please clarify the following:
1. Is the relation between C and C1 a joint hindu family (in the partition document both C and
C1 received properties jointly)?
2. As far as the grandson C1 is concerned what is the nature of the property which C and C1
received on partition? Is this ancestral property?
3. What is the nature of the plots purchased by C in 1963 and 1964 (assuming C bought from
the cash received on partition)? Can they also be called as ancestral property?
4. Can C3 file a suit on C and C2 asking to pay 1/4 value of the plot gifted by C to C2?
5. Can C3 file a suit on his father C for partition of the house? The plot is bought by C in
1965 (probably out of the money received on partition in 1963). The house was constructed in
1970. To construct this house C sold one of the properties he received on partition in 1963. I fear C may gift this house to C2.
Thanks in Advance.
Rao
Asked 8 years ago in Property Law
Religion: Hindu
During late eighties and early nineties C use to file two separate income tax returns on a yearly basis viz. one for the salary income as individual and second for house rents received as HUF income (even though the house is on C’s name as per the sale deed/municipal records). The HUF returns for the rents received on house property are filed every year till around 1995. The HUF return copies are hidden/destroyed by C2 and he is trying to get the house gifted to him by C. When we checked with Income tax authorities they said that they do not retain any documents beyond 12 years and cannot provide copies of income tax returns. Is there a way where we can establish that the house is a HUF property and can C1 and C3 claim a share in the house property?
Asked 8 years ago