LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ramyared   28 February 2019

How to claim my deceased Mother's Property?

Dear Sir's and Madam's,
I was raised by a single Mother though she was married but after 3 year's of marriage my Father left us without any notice, divorce and now he's turned up when she's gone. I am the only daughter. Though it is learned that he's married, don't know if he has any kid's in that marriage.
My Beloved Mother was a U.P State Government Employee she has a property in Kerala, which was given to her when she got married and the property has my Father's name as it was the gift to the newly married couple from my Grandfather.
I have the property Papers, but since it doesn't have any Nominee or my name mentioned anywhere, and she didnm't leave behind any will, how do i claim the property?
Please help me.
Thank you in advance.


Learning

 7 Replies

Suhail suhail (LAWYER)     28 February 2019

You mentioned that property is in the name of your father(gifted to him by his in laws) SORRY to say you cannot calim share from that, if there is any property in your mother's name you can claim your due and rightful share from that only.

ramyared   28 February 2019

Respected Bilal Sir,
Both my parents name is mentioned..
and Sir, how can i just allow him to walk away with property so cool when he wasn't there for us and married someone else without giving divorce to my Mother.. I hope there's some help!

Suhail suhail (LAWYER)     28 February 2019

Has your mother left any will ? If yes then her share can be divided according to that.

Otherwsie also you need to file a partition suit  without any fail of time and in that you can mention the facts and make your claims. You can seek a temporary injuction for restraining the parties to change the nature , transfer or sell the suit properties.

However if there is your mother's name you have sahre in that.

ramyared   28 February 2019

No Sir, Mom didn't leave any will as it was unexpected..
Thank you so much for taking time to reply. Appreciate your time and patience Sir.

Suhail suhail (LAWYER)     28 February 2019

You are most wel come.

1 Like

Shashi Dhara   28 February 2019

Ur mother's share is divided between u and Ur father .it will reduce to 1/4.so think about it.if Ur share worth'sthen u issue legal notice if they refuse file suit for partition.if they come to compromise compromise.
1 Like

ramyared   28 February 2019

Sure Shashi, However it's really painful to give away my Mom's property to such type of human.. will see what the rule says. Thank you for stopping by to reply!

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading