Need Help Legal Advice regarding inheritance

[yogis]

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Dear Sir,

I want a legal opinion on a property dispute between my father & his uncle. This case was originally filed by my grand mother against my grand father's brother. My grand father died very early & as my grand mother being pregnant at the time was at her maternal home. She never went to her inlaws place. No male member of the family were major at the time. Due to this reason all the property went under the malmatdar on sangli (at the time belgaum was under the sangli court) after my father's uncle turned 18 yrs all the propery (namely agricultural lands, shops, house, cash & jewellery etc) was handed over to him. My grand mother never received any kind of maintenance from the family. So elders & well wishers of the family asked my fathers uncle to give some maintenace. He agreed to give Rs. 50 as maintenance. This was in the late 1930's. My grand mother side of the family we very lower middle class ppl & she had to bring 3 children on her own. She asked my fathers uncle to give Rs 100 as maintenance but he refused to do. This went on for quite a long time. Then in the year 1942 my grandmother put a case in court for divison of property. You might well be aware that how tedious & lengthy the indian court procedure is. After my father & my uncle reached the case wa transfered to my uncle & my father. It took nearly 30 yrs to get some kind of justice. In 1971 the bangalore high court passed the consent decree where the properties were divided. The valuation of the agricultural was suppose to be done by appointing a court commissioner & whosoever's valuation was more was suppose to give the excess amount so as to make the same equal. That as never done since my fathers uncle never approved of any commissioner appointed. due to bad financial condition my father & my uncle left the matter hanging & some of what properties which was received was sold by my father & my uncle. My father;s uncle enjoyed all the profits till the date. my fathers uncle new worked for a single day in his life. his was getting pension supposedly for being a freedom fighter. this march 2009 my fathers uncle expired. beforehis death he gifted the house to saraswat samaj alongwith cash of Rs 25 lacs. my father expired on my 29th 2007.

my question is can i contest the gifting of house (which is the ancestral property) & cash in the court of law. If so how do i go about doing it. Plz guide me in this. I am trying to get the papers from the court but im not getting them. plz help in this regard

[whackpack]

dear yogesh,

let us wait for a better opinion, but in the meanwhile, what I can suggest is that you should file a RTI application to the court and demand all the details of the case. points that you must keep in mind at the time of filing the RTI application are as follows:

ask for certified copies of all the court proceedings on the matter
Do not forget to mention that you are son of so and so, grandson of so and so, and direct heir to the property, etc etc, and that this is your personal matter so that the information is not denied to you under section 8(1)(j) as personal information.

for help on filing RTI application, visit our sister portal RTIindia.org. pl spare some time to browse the various sections of the portal.

and yes, of course you can challenge the gifting of the property claiming that the action cannot be performed till the court matter is resolved, if no verdict has been passed in the matter till date.

hope that helps.

[yogis]

Dear Sir,

Thank you for the reply.......I want know, since my father's uncle is dead ...... who do i file the case against.

Regards

Yogesh

[whackpack]

you do not file a RTI application against anyone, you simply seek the information under the Right to Information Act, from the court, and get all the papers pertaining to the case, available on file.

Once you have all the info., you will have much better clarity for the direction to take.

trust that helps

[Balu A]

Deat Yogis
Vannakkam
Mr.Whakpack's advice is right. You first file application under section 6(1) RTI Act,2005, seeking to furnish all the certified copies of Orders, judgements and other connected documents from the Hon'ble court at Bangalore wherein the case was conducted by your father and his uncle.
You are one of the legal heirs to your deceased father. You ascertain about the legal heirs of your father's uncle who died in 2009, who executed a gift deed.
At the first instance you send a notice to the Society for which the house property and Rs: 25,00,000/- gifted away, informing that you are having legal right over the immovable and cash bequeathed by your father's uncle, and further inform that the gift is not valid one and it is a void transaction.
You secure proper death certificates of your father and his uncle from the Local Authorities. You apply to area Tashildar to issue legal heir certificates to your fathr and his Uncle.
Without delay you take immediate steps. 'You will win'
To file Application under RTI Act, 2005, you browse the rtiindia.org site.
Balu A

[yogis]

Originally Posted by Balu A

Deat Yogis
Vannakkam
Mr.Whakpack's advice is right. You first file application under section 6(1) RTI Act,2005, seeking to furnish all the certified copies of Orders, judgements and other connected documents from the Hon'ble court at Bangalore wherein the case was conducted by your father and his uncle.
You are one of the legal heirs to your deceased father. You ascertain about the legal heirs of your father's uncle who died in 2009, who executed a gift deed.
At the first instance you send a notice to the Society for which the house property and Rs: 25,00,000/- gifted away, informing that you are having legal right over the immovable and cash bequeathed by your father's uncle, and further inform that the gift is not valid one and it is a void transaction.
You secure proper death certificates of your father and his uncle from the Local Authorities. You apply to area Tashildar to issue legal heir certificates to your fathr and his Uncle.
Without delay you take immediate steps. 'You will win'
To file Application under RTI Act, 2005, you browse the rtiindia.org site.
Balu A

Dear Balu,

Thanks for your reply. I am residing in Belgaum, Karnataka....where in Belgaum should file for RTI. If i were to need guidence regarding filing of RTI whom should i approach in Belgaum. Will a lawyer be able to help me? This is the first time i will be filing for RTI.... also how much fee's will be charged for the same.

[whackpack]

Originally Posted by yogis

Dear Balu,

Thanks for your reply. I am residing in Belgaum, Karnataka....where in Belgaum should file for RTI. If i were to need guidence regarding filing of RTI whom should i approach in Belgaum. Will a lawyer be able to help me? This is the first time i will be filing for RTI.... also how much fee's will be charged for the same.

Dear Yogis,

For all your queries, pl refer to sister portal RTIindia.org - the complete portal on Right to Information Act, 2005.

Once you register and log on to the portal, go to search, on the top blue bar, and you will will be able to find several discussions on topics of your interest. Also refer to guide section, where you will get complete guidance on the the procedure and format for filing RTI application. If you still have any doubt, put up your query on the forum, and you will get several responses promptly.

Please be advised that the RTI Act is designed to be used by citizens directly, and assistance from lawyers is not required at any level. In any case, the guidance that you will get on the portal will far exceed what most lawyers will be able to guide you...

Trust that helps

[Balu A]

Dear Yogis
Vannakkam.
RTI Act, 2005 is the Act which permits each citizen to apply to the Office, Court or any authority concerned under Section 6(1). You have to send the Application with the fees applicable to Karnataka State. I hope that it is Rs: 12/-. The fees can be paid through Postal Order or by pasting Judicial stamp for the value of Rs:12/-
You first log in rti portal site in this, wherein on the blue bar you are having guide indication, if you seek that help You will be able ot prepare the application
You need not approach any lawyer for this purpose.
You try, if you find it difficult you better send a mail to my email id I will send you the model application.
When you send the mail to me you inform the basic details about the inheritance case which was conducted by your father and his uncle.
You mail your email ID also so that I can send the model application
I think I have enlightened you to some beginning.
You will Win
Balu A

[jayeshbheda]

I assume that the house is ancestral and if partition is not made in your family than the gift by your father's can be challenged to claim the share of other family members.

Following observation of Punjab & Haryana High Court [Commissioner Of Gift-Tax vs Tej Nath Dt.9/11/1971 reported at (1972) 74 PLR1 , check the full text] would be useful to you :

44. It is not necessary to multiply authorities. The line is sharply drawn between alienations by way of sale or exchange and gratuitous gifts. In the case of alienations other than gifts by a karta of the Hindu undivided family, the alienation in the very nature of things would be voidable, because the karta cannot avoid the alienation, whereas in the case of gifts the alienation would be void per se because even the karta can avoid the gift. The rule in both cases is firmly established that an alienation of Hindu undivided family property not permitted by the texts of Hindu law does not even bind the share of the karta; but in the application of this rule estoppel prevents the karta from avoiding the alienation. In other words, the alienation is treated as good as against the karta, inasmuch as if the other members of the family do not. question it, within the period of limitation prescribed, they would be deemed to have owned the unauthorised act of the karta. But this does not hold good in the case of a gift.

dHowever, it will be more difficult in case of cash of 25 Lacs, you will have to prove that the amount came from the joint-family fund.