Property dispute among family members
Ramesh Raghavan Nair
(Querist) 16 July 2014
This query is : Resolved
I am Ramesh.R, an NRI and now in Abu Dhabi.
This query is for My Wife's property in Kerala(Cherukole, Mavelikara)
In 2001 she got family share as property. Her mother gave 3 plots for her. First one 9 cent in the front side near Main road(This is registered as'Adaram' with full transaction power). The second one 18 cent with family house. This is just behind the first 9 cent and having direct access to the main road. (This is registered as 'Will' i.e Till death the ownership is with Mother and after death with my wife.
And the third plot 31 cent is directly behind this 18 cent(registered as 'Adaram') and without any road access any side. At the time of registration her mother told, after my death 18 cent will also become your property and thus all the 58 cent will become one plot. So there is no question of any road access to the 31 cent plot.
She lived with her mother till 2013 in the family house. In 2013, 2 of her 4 brothers came to house and create problem for her. They told the mother to ask her to vacate from the house. Her mother asked her to leave the house with her daughter within two days. Her two brothers also threatened her to leave the house. My wife left the house with her daughter within 2 days. After her leaving the house her brothers took her mother and sealed the house.
Now they cancelled the 18 cent 'Will' and thus my wife have no ownership on it. Now the 31 cent plot is isolated & surrounded by other's property and have no access to road.
The following are the questions:
1. Will she have any legal right to get back this 18 cent back?
2. Will she have any legal right for getting road access to the 31 cent property?
3. To whom should her give complaint to resolve this problem?
We are waiting for your prompt advice to proceed further.
Devajyoti Barman
(Expert) 17 July 2014
1. Was there any valid Will? If yes then has it been revoked? Answer this query first.
2.Yes
3. File a suit for declaration and injunction.
Rajendra K Goyal
(Expert) 17 July 2014
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 17 July 2014
if will has not been revoked on mother demise your wife will be absolute owner of the property bequeathed by her mother
P. Venu
(Expert) 17 July 2014
1. Your wife can get back the 18 cents of land only if the mother make a fresh will or otherwise transfer the property to her. Please note that a will takes effect only after the mother's lifetime.
2.Any how, your wife can file a suit for getting easement of necessity.
3. Your wife can try for settlement of the dispute through the legal service authority. Please approach the local court.
P. Venu
(Expert) 17 July 2014
1. Your wife can get back the 18 cents of land only if the mother make a fresh will or otherwise transfer the property to her. Please note that a will takes effect only after the mother's lifetime.
2.Any how, your wife can file a suit for getting easement of necessity.
3. Your wife can try for settlement of the dispute through the legal service authority. Please approach the local court.
T. Kalaiselvan, Advocate
(Expert) 18 July 2014
For the present she can file a suit for easement rights for ingress and egress to her property. about the will bequeathed property, she cannot acquire title until the demise of her mother, if the Will was executed by her mother, then there are chances that she may revoke the same and may not allot any piece of land t her daughter under the present circumstances. from road side.
