Mother & sister want to sell the whole property
Santosh Singh
(Querist) 29 March 2017
This query is : Resolved
Respected Sir,
My name is santosh singh age 31, i am a married person with wife and two childrens (daughter & son)one married sister, and a mother (widow)my father was expired in 2011 he was retired person.
In 2007 my ancestral property of village was sold by my father & purchased a land in city in the name of my mother, after father's death i have took a home loan from bank on 2012 of Rs.Five Lakh on that property with including mother. I am the primary loan holder & mother is secondry all the property related documents has been kept at bank, otherthan loan amount i have personally invested three to four lakh rupees on home for construction, after sister marriage in 2012, my sister pressuring to mother to sell the property, but they can't because in current date bank outstanding loan amount is three lakh rupees, then after my mother has wrote a "will" vasiyat in the name of my sister, my sister & my mother wants to sell the property but my sister and mother's intention is she do not give me my part from that property. Till date i am paid to bank four lakh fifty thousand as an emi of home loan & regularly i am paying bank emi of home loan, i am thinking stop paying bank emi for home loan, but reason for paying emi is, i have a fear of happening bank deafulter. i have discussed with sister and mother but both don't agree to give my part from property. Sir please suggest me what are the possibilities or can i do.
I also asked to mother if you are not intrested to give my part from property its ok, but please give me back that amount of emi those paid by me to bank, she is not interested to pay any amount to me, sir what can i do please suggest.
Santosh Singh
adv. rajeev ( rajoo )
(Expert) 29 March 2017
It is necessary to see all the documents related to the property, before giving advise
Rajendra K Goyal
(Expert) 29 March 2017
The property is in the name of your mother she has right to bequeath it in name of any one she prefers.
Try to have amicable settlement with your mother.
Rajendra K Goyal
(Expert) 29 March 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Can-i-file-a-case-of-420-563726.asp
http://www.lawyersclubindia.com/experts/What-are-my-rights-569536.asp
Santosh Singh
(Querist) 30 March 2017
Respected Sir,
can i file a civil suit on mother for taking to return bank home loan emi paid by me for mothers property.
I have a proof that all emi's are paid by me, if i have no right on mother self acquired property, home loan emi's paid by me on mother property are totally waste, there is no any provision for claiming that amount. Please suggest any suitable way..
Santosh
Rajendra K Goyal
(Expert) 30 March 2017
You can file.
Amicable settlement can fetch better results.
