Advocate Pallapothu Sri Harsha

Questions Answered by Advocate Pallapothu Sri Harsha

Q: Mother rights on grandfather (father in law) gifted property

Dear Law Team,My grandfather(Fathers dad) has purchased a land on my mother's name instead of my father name and my mother and father would like to sell the property due to 2nd sister marriage.This land is sold to my cousin with same surname, Can my mom be able to sell the property without 3 children sign on sale deed, we 3 are majors and my mother is around 50 years.If she gets the property sold without our concert would I be able to put up a case on my cousin in future.

Advocate Pallapothu Sri Harsha answered
your mother is the absolute owner of the property because it is a self acquired property of your mother and it's her will and wish in the disposal of the property, nobody has any right over the property, so you can't file any case.

Q: Litigation in property whether to buy or not

I am buying a flat whose owner said to me that her(owner) mother in law filed a case on the owner for the property share of this flat. But last year the mother in law had passed away and the case is still not disposed. Problem is that the owner is asking me to wait for sometime until the case get disposed and it is almost 3 months i have waited. My question is can i still make registration on my name even before the case is not disposed? Owner's husband had also passed away long ago.

Advocate Pallapothu Sri Harsha answered
here the one who don't have a clear title are not the absolute owners and to be safe, you should avoid the property which is in the court, because it may take years together and subjective appeal to supremecourt. so don't purchase the litigation one or else you should have to struggle in the litigation. the dead one's legal heirs will continue the court proceedings, so don't go for it until the case is disposed.

Q: Ancestors property division issue with my brother land and building

My brother telling me to take rental income building but what about the life of building? Do law consider it ? Land value is different and land with building value is different ? He taking the same value land ( mine land with building value = his land value)

Advocate Pallapothu Sri Harsha answered
better take a civil engineer to the property visit and he will estimate the value of the building on the age, quality and it's state. after that you will be able to estimate the value of the property and then you can talk to your brother regarding the partition.

Q: property issue between my father and my aunt.

my grand father wrote a will on my father in 2010 related property , now can my aunt who has been married in 1970 can claim the property against the registered will on my father. property has been devided in between the brothers too and partetion deed is also registered, my grand father expired in 2010. pls help

Advocate Pallapothu Sri Harsha answered
if your grand father got that property from ancestors then your aunty has also the right to share. but if that property is self acquired property of your grand father then its his will and wish to will it to who ever he want. your father has clear title and the partition took place was valid. no problem.

Q: Property Issue which was gave by my Grandfather

Respected Sir/Madam,\n Our Grandfather had 4 daughters and 3 sons. My grandfather needs an amount of 10000 rupees urgently which was approximately 14 years ago so he asked all of them. But no one actually said yes to his question. But one day my Mother Sister adviced to ask Father to give that land in the place of money 10000. At first he disagreed but later due to the emergency of money, he actually gave that land to us by informing all. But today they are claiming a share onland.

Advocate Pallapothu Sri Harsha answered
if that land is self acquired by your grand father then no one can claim any share in that land. but if that land is of ancestral property then every one has equal right over it . if you have a clear title and possession of the land then there will be no issues.