property
jeetendra
(Querist) 06 July 2015
This query is : Resolved
We have a property which is used by my elder brother n sister.that property was purchased by my money and we have taken loan also in that property which is running on. The property is having 1st my mother and 2Nd holder as me. Now I have being separated as my mother Expired and then issues started in our family. I have a son and wife we are staying separate. Now my elder brother and sister who are staying in my property are not ready to give my share in property. So kindly advice me what I can do legally as I m second holder and my mother 1st holder has being expired and the property is in loan by a bank.
P. Venu
(Expert) 06 July 2015
You are entitled to get your share your property.
Also, there is a fair chance that you can succeed in getting the entire property if it could be proved that it was purchased by your funds without any contribution from the mother or the family.
jeetendra
(Querist) 06 July 2015
Can I know that if there would be share then how much share it would be as I m the 2nd holder. As per the house agreement I m owner of half property. Will my son have a right to get any share in that. In my family w are 6 members 1 Father, 2 Me elder son. 3 My wife. 4 my younger sister, 5 my younger brother 6 My son.
jeetendra
(Querist) 06 July 2015
Can I know that if there would be share then how much share it would be as I m the 2nd holder. As per the house agreement I m owner of half property. Will my son have a right to get any share in that. In my family w are 6 members 1 Father, 2 Me elder son. 3 My wife. 4 my younger sister, 5 my younger brother 6 My son.
Dr J C Vashista
(Expert) 06 July 2015
The LRs of deceased shall have equal share in her share. Her (your mother's) share was 50% out of that 50% you are entitled for 1/3rd share, besides your own 50% of the property.
Kumar Doab
(Expert) 06 July 2015
Repeated Query:
http://www.lawyersclubindia.com/experts/Disputes-in-property-546141.asp#.VZqzpVJ-hkg
Biswanath Roy
(Expert) 07 July 2015
If you have sufficient evidence to prove that property was purchased by your money and your mother was merely a co-borrower of Bank loan without any monitory contribution then in the eyes of law your mother was merely a BENAMDAR and in that event you can file a civil Declaratory Suit claiming absolute title right of the property.
