Property share against no will
Querist :
Anonymous
(Querist) 11 March 2018
This query is : Resolved
My father passed away with no will. We have two houses. One which has power of attorney on my mother's name (even before my father's death) and me and my wife lives in it and another house which is under construction for which me and my sister have signed for giving the authority to mother after father's death. Now issue is I have love marriage and my mother was always against it and after marriage she even hinted many times to my wife for dowry and infact have all her (my wife's) jewellery with her and has taken some financial help from my father in law also for repairing the house (which is on her name) where me n my wife lives, which now she has refused to pay back. She has refused to give back the jewelry also! My mother got the job after my father's death n she n my sister lives in govt flat provided to her. Lately she and my sister along with my maternal relatives started mentally n verbally harassing my wife (who is by the way a doctor) be it for not cooking or not doing household chores and hinting about dowry. My maternal uncle even threatened me that he will kill her!!! They have tried assassinating her character and compelled me to divorce her too. And since m standing with my wife on this, they are threatening us to leave the house as it's on her name or else they will call the police and throw us out of the house and will disown me from the property as well if I don't do as she wants. The other house is under construction and m scared that we will be left with no roof over our heads if she throws us out of house. I want to know what could be done to save myself from this situation and what are my rights on this??
-Hitesh
Vijay Raj Mahajan
(Expert) 11 March 2018
The general power of attorney given by your father to your mother came to an end at the time of his death. The house was the self acquired property of your father and no Will made by him, so by all means, in case you happens to be Hindus, the house you presently live devolves to all the class 1 heirs which include your mother, your sister and you, each having one share each in it.
The blackmailing done by your mother by throwing you out or disowning you etc. has no legal validity. Just inform your mother and other relatives to mind their business and need not disturb your family life otherwise you will file suit for partition of the present house in the civil court and get stay for throwing you out of the house where you have one share. Your wife has all right of residence that she can seek from you at your place of residence hence she continues to live with you in the same house with you and they dare not trouble her otherwise another criminal complaint against your mother, sister etc. will be filled by your wife under the Protection of Women from the Domestic Violence Act,2005 for getting protection order against all of these respondents to keep a distance with her and not to disturb her matrimonial home by their acts and threats.
Once you follow the strict attitude towards all these persons you will be having a peaceful life. Only thing is to get some experience advocate to workout these cases if need be in court otherwise the troubles will increase for you with inexperienced junior lawyer.
Querist :
Anonymous
(Querist) 11 March 2018
Thanks sir
I would like to know that how shall I proceed if I want to have my part of property share being transferred on my name? I have no accurate knowledge of bank account, Fixed deposits and all that my father had which now are under my mother's control. Infact most of the money has already been converted into jewellery which she is keeping for my sister's wedding. I have not asked for even a single penny out of it ever. The other house which is under construction was actually being built under SSB society and he was his secretary and after his death since mother got the job in SSB it got directly transferred to her and me and my sister gave consent for it. Since I have given a consent does that mean that my mother is the owner? Sir I have tried everything, infact my wife filled a police complaint too but no adequate action was taken. And my mother and my relatives have boycotted us. So I want to secure my position and don't want to left with no home!
Querist :
Anonymous
(Querist) 11 March 2018
Thanks sir
I would like to know that how shall I proceed if I want to have my part of property share being transferred on my name? I have no accurate knowledge of bank account, Fixed deposits and all that my father had which now are under my mother's control. Infact most of the money has already been converted into jewellery which she is keeping for my sister's wedding. I have not asked for even a single penny out of it ever. The other house which is under construction was actually being built under SSB society and he was his secretary and after his death since mother got the job in SSB it got directly transferred to her and me and my sister gave consent for it. Since I have given a consent does that mean that my mother is the owner? Sir I have tried everything, infact my wife filled a police complaint too but no adequate action was taken. And my mother and my relatives have boycotted us. So I want to secure my position and don't want to left with no home!
P. Venu
(Expert) 11 March 2018
The facts, as posted, lacks clarity. Please post simple facts.
Querist :
Anonymous
(Querist) 11 March 2018
Please state what kind of clarity are you looking for?? I have tried to narrate exactly the way the situation is.
Querist :
Anonymous
(Querist) 11 March 2018
Please state what kind of clarity are you looking for?? I have tried to narrate exactly the way the situation is.
Dr J C Vashista
(Expert) 12 March 2018
No reply for an anonymous author as per rules of this platform.
Querist :
Anonymous
(Querist) 12 March 2018
Then why you have the option to go anonymous for a query in the first place? I guess to make more people enroll into your app on false claims and not actually to really help!
