Can i claim my fathers property
Meena
(Querist) 04 October 2016
This query is : Resolved
Hi Sir/Madam,
I am 43 years old divorcee,I have one sibling he got settled in USA,and he developed My fathers property.My father expired in 1984 in road accident,can I claim My fathers property(House),after My fathers Death My Mother received My fathers property from My grand parents,that property she sold and with that Money she raised us Both (Daughter & Son) being in the House which My father purchased on his own earnings and that house she registered it on her Name in the year of 1986 from the Seller Name to My Moms Name,because My father died before the registration of the house.My Fathers Death was unpredictable one and he never wrote any will,My Mom has done Gift Deed/ registered that House on My Brothers Name for his Higher education Loan in the year of 1998. In the year of 1997 Feb I got Married My Mom spent Rs.3 lakhs(which was gift from My Maternal Uncle).same house developed by My Brother in the year of 2006,Now I have 2 Kids whom I should raise them on My own,My Ex-Husband was worst & waste Guy who didn't give Alumni nor took part in bearing study expenses of My children.Now I am in helpless condition so,I would like to know can I claim My share from My Fathers Property(House), I want to take this step because even My brother & Mother left us as an orphans,My brother & Moms knew that My Ex-husband had affair with female since My marriage life 1st year My husband had affair with female and used to tortured Me a lot I bored everything calmly for 17 years for My children sake but I was observed that My children was Psychologically effected and they went to fear and they used close themselves in a room,at-least to protect My children I agreed for all the terms & conditions and signed blindly on the Divorce Notice which prepared by My crooked husband who was also a Lawyer by profession in the year of 2015,he didn't return the Dowry,Gold,nor Alumni,Nor for Children Education.Request you to give Me a right Guidance to claim My right.
Thanks & Regards,
Meena
Isaac Gabriel
(Expert) 04 October 2016
You are entitled for a share in the property. How are u managing from the year 1997?
Meena
(Querist) 04 October 2016
Hi Sir,
My father-in-law,had own property (house) and with his earnings only supported Me & Children,and My brother from 2001 he use to give Rs.2-3K/PM till 2004 and from 2005 he gave Rs.5k/PM upto 2007 and from 2008 he gave us Rs.10k/pm till 2015 and he stopped giving money since 2015 Nov.Right now I am doing a smalljob for Rs.15k with which I am unable to manage,due to that My son discontinued his Engineering 1st year, even My daughter is preparing for 10th standard from home itself,so to support My children for there education now am trying to claim my dads property.
Thanks & regards,
Meena
Ms.Usha Kapoor
(Expert) 04 October 2016
if the property in question is since in your brother's name if he transference 1/2 inters in that property you will get share your mother also gets a share of 1/3rd. Each of you get 1/3rd share. since your father died intestate.From your query it is not clear the property is in your mother's name or your brother's name. IF THE ENTIRE property you want To get transferred in you name get a NOC IN notarized from you mother and brother release deed etc in your favour that they don't have any right title, interest in the property they are releasing all their interest in the property in your name.
P. Venu
(Expert) 04 October 2016
Please state the simple facts devoid of subjective opinions.
Rajendra K Goyal
(Expert) 04 October 2016
You have no share in the property in the name of your brother.
You can have amicable settlement.
Discuss with some lawyer, your children can claim maintenance from your ex- husband.
Kumar Doab
(Expert) 04 October 2016
1. You have no forced share in self acquired property of any one and vice versa.
2. Your children have share in ancestral properties of your husband.
3. Your children can claim maintenance from your Ex-husband.
4. Post your query date wise on property of your father as it is not properly drafted so as to convey a clear message.
5.Generically speaking: If you Hindu;
Then succession opens on date of death.
Upon death of your father, if he has not left any WILL, his whole estate ( Funds etc) /property shall devolve equally upon his mother/wife/sons and daughters.
Your mother alone can not sell the property until or unless everyone else has relinquished their rights or signed POA.
Settle amicably.
Or approach your able counsel.
