Claim for rent and others

Querist : Anonymous (Querist) 04 September 2020 This query is : Resolved
Respected Sir/Madam
One house on my Father Name ,he died recently.But my mother and unmarried sister not willing to give position in that house .They said u come and my childrens come but not my wife.One house gift deed to my unmaaried sister when my father alive . Can I lock house,can I claim rent, maitance,and any other.Can my self and my wife file case against my mom and sister towards hershment.Can gifted property claim for share by mr

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This discussion clarifies inheritance rights following a father's recent passing. While you and your mother and sister are legal heirs to his property, your wife has no claim. If your father gifted a house to your unmarried sister while alive, you have no right to that gifted property. You can claim your rightful share of other properties, including rent and maintenance, but avoid locking the house. It's advised to seek legal counsel for a partition suit and to resolve family disputes amicably.

Isaac Gabriel (Expert) 04 September 2020
Leaving the gifter property you can file a partition suit.Consult local lawyer.

Rajendra K Goyal (Expert) 04 September 2020
You said:
One house on my Father Name ,he died recently.But my mother and unmarried sister not willing to give position in that house .

Reply:

It seems you, your mother and your unmarried sisters are legal heirs (if any other brother sisters are there they are also legal heir of the property) of the house. Your wife has no share in the property of your father during your life.

Your mother and sister can not refuse / sell / dispose your share without your consent.

Rajendra K Goyal (Expert) 04 September 2020
You said:
One house gift deed to my unmaaried sister when my father alive .

Reply:

If it was the self acquired property of your father, he had right to gift /sell / donate /dispose it off as per his wish, including gifting it to your sister, you have no claim in it in past, at present or in future.

Rajendra K Goyal (Expert) 04 September 2020
You said:
Can I lock house,can I claim rent, maitance,and any other.Can my self and my wife file case against my mom and sister towards hershment.

Reply:

Should not lock, it may result police case against you, may result in complication. You are entitled to rent to your entitlement (seem 1/3 rd in this case). If they are not paying, claim through court after giving notice to tenant.

Your wife has no right to file such complaint in absence of solid personal cause. They can also file case against her equally.

Rajendra K Goyal (Expert) 04 September 2020
This is totally a family dispute, try to solve amicable. Take help of relatives. Court cases may not fetch immediate desired results. Till you understand and accept the actual situation, problem can not be solved.

Rajendra K Goyal (Expert) 04 September 2020
You said:
Can gifted property claim for share by mr

Reply:

You have no claim / share / right in the gifted property.

Advocate Bhartesh goyal (Expert) 04 September 2020
If your father died intestate then you ,your mother and sister have equal share and rights in Property .You can claim share and possession in house But your wife
has no right to claim any share in property left by your father .You can not claim any share in property which had been gifted by your father to your sister.

Dr J C Vashista (Expert) 05 September 2020
Whether the house was self-acquired by deceased / donor or ancestral ?

Dr J C Vashista (Expert) 05 September 2020
In case the house was ancestral, deceased was competent to donate to his daughter. If it was his (deceased person's) self-acquired he was competent to dispose / donate.

Shilesh Patel (Expert) 05 September 2020
You can claim your potion of the share of the house, but your wife cannot.

P. Venu (Expert) 05 September 2020
Yes, you can claim your share in the property, nothing more and nothing less.

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