Advocate Ajay Ashok Joshi

Questions Answered by Advocate Ajay Ashok Joshi

Q: can daughter challenge father's will for share of property

i was born in 1959.My father died in 1988.My mother died in 2014.We are 06 siblings (03 brothers and 03 daughters).My father had made a will that my daughters are financially well (which was not true) hence property distributed among 03 brothers only.i want to know whether can i file a suit against my brothers for my share alone without my other 02 sisters?I am Hindu. what is supreme court judgments on self-acquired property ? can a daughter challenge father's will ?

Advocate Ajay Ashok Joshi answered
Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act. But if you can show that father was not willing to execute such will but your brothers have create pressure upon them and obtained it by taking disadvantage of fact then you can challenge it within three years from your knowledge. If it is found that father was not in position to understand effect of deed or was pressurized by some one or was not in sound mind position then court can cancelled the will. You can file civil suit for necessary relief.

Q: Right of son on property of father after death of father

Hello. My grandfather had a house and he died. The house is in the name of still the grandfather. My grandmother is alive. She and my uncles tell that they will not give the portion to my father. He will not get anything from the property because he is saying that we should equally divide it. My father is the eldest son among all and also he is a psychological patient having schizophrenia and bipolar. Because of these discussions he get frustrated and depressed and it affects his health.also we have started some construction in the house and others are saying that they will stop it and no one will be able to construct anything.and also i think my grandmother made my fathers younger brother the legal heir. And the house was constructed by my fathers money only when he used to work in saudia arabia. He also have the proof about how much money he sent when he was there. It is around 30+years ago. Can you please help me regarding this and giveme any suggestion. Please help me. I am a muslim.

Advocate Ajay Ashok Joshi answered
HiSee if house was admittedly owned by your grandfather then after his death,his heirs will become owner having respective share in the house. This will be worked out as per personal law of your. That is as per Mohamedium Law of Succession. Your father is having some share in said house. Equally others legal heirs have share in said house. Merely your father has developed or contributed for repairs would not be ground to claim exclusive ownership. As the most it can be said that others will have to paid contribution for such construction. But all that will have to be seen when some one files case. At present your are making construction on your own risk

Q: How to file a suit for partition

I am a Hindu lady, belonging to the upper caste, and I have 2 sons and a daughter. My husband died since last 5 years. He died intestate. He had 3 properties in his name and got one of his property registered in the name of his daughters in law. Me myself out of my personal savings from my household expenses and investment purchased a 2 plot of land for myself. Now my one of my son and his wife is creating disputes and has occupied one of the property which was in the name of my husband and earlier all our family i.e. me, my other son and his family were living together. I want to file a suit for partition in the court of the law and none of my children look after my expenses and take care of my medicine. I am an old age person and also have a case history of chronic diseases, I want a concrete solution for this.

Advocate Ajay Ashok Joshi answered
After demise of your husband you are entitled for share in property equally with your son. You can definitely filed suit for partition and you can get decision in your favour. So far as your son is not looking after you, for this you can filed case under senior citizen protection act against your son for seeking maintenance.

Q: Buying property on uncle name is it possible

I want to purchase a property but im not eligible for home loan due to my age and IT return file.My uncle is eligible for loan so i want him to take on his name. Problem:-I want to add my name as co owner or joint owner of property. Or is there any another way to have authority on property in future. Trust issue

Advocate Ajay Ashok Joshi answered
Hi if you purchase property in name of Uncle along with you, then both of you will be coowner. It's totally depends upon your relations. Your uncle may claim 50 percent ownership. If entire loan is to be repaid by you then you ask your uncle to execute sale deed of half share of Uncle in your favour along with loan libility. This deed will be executed after first sale deed executed in favor of both of you.

Q: Declaration of title and adverse possession

A person had executed agreement to sale in 1967 with my grandfather later he denied to execute sale deed and filed suit against grandfather for forcibly possession and later conteded time essence of contract on his allegations court said that he has not found cause of action and dismissed his suit with cost and ordered that purchaser has legal possession and his remedy for specific performance is not barred by limitation. But we not file suit for specific performance at the same time we have 50 years possession now I have filed suit for declaration of title and adverse possession . Is it maintainable? Sellers legal heirs have counterclaimed to recover possession (cause of action is I filed suit ) It says that adverse possession can be only defense by defendant, then what will be next step or strategy? Can I take advantage of counterclaim by filling rejoinder.

Advocate Ajay Ashok Joshi answered
HiThey are right by saying that adverse possession is defence only and suit seeking declaration of owership on basis of aderse possession is not maintanable. Now supreme Court has passed such verdict. So prima facie your suit is not maintanable for that relief. But even you have not filed suit for specific performance, you can protect possession over property if you proved that you was and is ready and willing to performed your part of obligation mentioned in the agreement.