Property sale
Nagesh Narayan
(Querist) 30 January 2015
This query is : Resolved
Dear Learned Councils,
Pl help me to take appropriate action against my Mother & Brothers who are planing to sell or Gift the property, a plot ad.measuring 1200 sqft. in prime place in Bangalore, As I am away at Mumbai & visiting Bangalore rarely and they never discuss or inform any matter pertaining to the sale or will etc., say that they do not want to disturb me during my short stay.
Already they have sold a similar size plot way back a decade ago with out my knowledge, even they forged my signature on the agreement. Though I was upset I kept quiet since my father has got the major portion from the proceeding for his retired life expenses. But now he is no more.
pl help. The property is in my mother's name & I do not have any document but I have contributed substantially for the plot where they have built the house & office.
Tx.
P. Venu
(Expert) 31 January 2015
It is better that you file a suit for partition.
Rajendra K Goyal
(Expert) 31 January 2015
If the property is in the name of your mother, you have no claim on it till she is alive. If she expires intrastate you have share in it along with other legal heirs.
Dr J C Vashista
(Expert) 01 February 2015
How did she (your mother) acquired the property i.e., self acquired or inheritance?
In both cases she is competent to dispose it of without consent of any other person. However, in both circumstances, how your father (since deceased) has major portion of the property left over unsold?
Some vital information is left over hence can not be opined properly.
Show the title (Ownership) documents to a local lawyer for proper analysing and advising you.
Guest
(Expert) 01 February 2015
Well advised by Expert Mr.P.Venu
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
The property in your mothers name will be her own property in which you cannot claim any share, so move things for an amicable settlement.
Nagesh Narayan
(Querist) 02 February 2015
Tx & grateful for quick response by all the
learned councils.
1. My Mother was Govt.state Govt. servent. we
bought to plots one is funded by my father who is an artist & one with my business contribution along with my mother. Since, she was a govt. servent it was easy for us to get concessional loan from govt. & bank as well.
My Father has sold his plot but shared a portion of the sale amount with my mother.
Since I am away from my home town now by two younger brothers are forcing her to sell or Gift deed to them, with out my knowledge & involving me. up till now she has not signed for sale or gift deed.
My intention is not to disturb her along as she is alive, as of now she is staying alone & independently with substantial pension amount. But my younger brothers are not listening. I am not in a position to monitor regularly the happenings at my home town. But suitable legal action may silence them & shoo away the buyers who is pestering to sell thro my younger brother who is a real estate agent.
Tx.
Nagesh Narayan
(Querist) 02 February 2015
Kindly advise can I go for Alternate Dispute Resolution (ADR)by issuing legal notice, if they fail to respond I may go for partition as advised by Mr.Venu Sir.
WE made the property in my mother's name only to get loan at concessional interest rate from govt & Banks, as she was a govt.servant.
Now retired nearly a decade by now.
I am not having any document copy in my possession right now. pl advise.
Tx.
Anirudh
(Expert) 02 February 2015
Dear Mr. Nagesh,
Whatever may be the funding mechanism adopted for acquiring/constructing the property. The fact is the property is today in the name of your mother and she is the absolute owner of it and she and she alone has the authority to do whatever that she wants to do with it.
Nobody else has any share in it during her life time. It is only when she goes without disposing of the property one way or the other - i.e. by way of gift, WILL or sale - then her son(s)/daughter(s) will get equal share in the property. Otherwise not.
As there is no legal right for you today, there is no question of either filing any partition suit, or Alternate Dispute Resolution.
Mumbai and Banglore are not a too distant place. If you opt to visit Banglore very rarely and have less touch with your mother naturally the vacuum will be filled by others only. Therefore, it is for you to do the amends and try to maintain the relaltionship properly, slowly and steadily broach the subject - say when she has her pension money with which she can look after herself, there is no need for selling the property at this juncture etc. etc.
Nagesh Narayan
(Querist) 02 February 2015
Many thanks for your prompt reply Anirudh sir, here my fight is not against the property where in I put my money & effort in buying. I do not want to sell the property in her life time, even willed to a wrong person or institute I can contest the same on her demise. Literately, she is telling the same to every one. I have pleaded with her for my
younger brother to construct a small house above her residence. since, he was living in a rented house & financially weak.
She has given a portion to my youngest brother for office, he lives separately with his family & well set financially, a real estate agent by profession, he never told me, when I visited then only I came to know. My mother has also confirmed that she has given him the place on her own & offered me the other empty portion to construct shops etc for commercial use by allowing a approach place to her residence on the ground floor. I did not go for it because she is bit impatient,irritative, & fault finding nature. secondly, god is kind enough to me I have my own flat in Mumbai in a prestigious locality & I am not intend to settle down in Bangalore as of now.
We had one more plot which was sold with out my knowledge & when the buyer insisted for signature of all the major ones, my signature has been forged & plot sold & registered. After, the deal only I came to know because of my father who was staying separately, my father, who has funded said he needed money to maintain his retirement & other commitments. I kept quiet though the procedure was wrong but the purpose was genuine.
I want to avoid repetition of such situation. my work will not allow me travel frequently out of Mumbai. Normally, I do go& visit her. We never talk about property ,she need not any fund/funds to support her as she is getting substantial pension. She is mentally strong women she will not worry for legal action as of now she did not even willed or hint us except once she was mentioning in some context, I know you are all going to sell the property & share the money something like that, now since my younger brother, real estate agent to meet his commitments on business down fall, emotionally black mailing & cajoling her to shift to his place & sell the property.
Hence, I wanted to act & in one way it may safe for my mother, since it will be deemed as litigation property, buyers may think twice. This is the reason, for going to Partition suit... any other suggestion you are welcome Venu sir & Anirudh sir.
