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rahul (Design Head)     20 September 2012

Property share (urgent please)

 

Hi,

My father expired before four years when he died he not make any will and after his death my mother and brother got his provident fund money, house and land in village but now they are not ready to give me anything.

 

My mother giving reason i don't want to give anything to any of son till am living but my brother using everything which my father left for us. he using all provident fund of my father for his personal expences and when i asked my mother she told me that your brother don't have any job, so who will help him?
 

Before two years i requested my mother for some money because i have some personal dues but she gave me only one reason i don't want to give money to anyone till am living but other side she giving money to my brother.

 

My brother told me that you are not living with us from last eight years so now you don't have any rights on this property and do whatever you want to do you will not get anything from this property.

Before one year i took adviced from one advocate and he told me as per law after your father death everything which your father brought from his income transfer to your mother and now if your mother don't want to give you anything then you can't do anything without wait till your mother not give you anything or after her death you got share from your property, but if i wait till my mother death (sorry to use this word) then i lost everything. 

 

Please guide what i can do in this case? legally how i can i get my rights in my father property?
 

If my mother don't want to give me anything then can i get money legally to pay my dues? OR can i get stay order on this property because i don't have trust on my brother.....

 

Regards,


Rahul



Learning

 1 Replies

A.SUMATHY 9380902017 (LAWYER)     20 September 2012

If any property in your father name you have entitle 1/3 share.

his provident fund or any other retirment benefit your mother only have right.

after your mother demise (sorry) you have  1/2 share in your father property,

if your mother not executing any will or settlement in favour of your brother.

if executed you have 1/3 shar only.

 

 

a.sumathy


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