Distribution of property
SAA_Bombay
(Querist) 29 May 2017
This query is : Resolved
Sir, we are three children of parents. Sister is married. Elder brother is in business of father & me on service. Elder brother stays with father & hold a good position in family as all assets of dad is in his possession. I stay at house which is in name of my mother who stays with my brother. Now, they have asked me & my wife to vacant the house as they have made some business loss & they want to compensate same by selling this house. & they have asked me to manage my living in rent house. Here need to say that brother have possession of flat where they currently live, of village house & dads office also (including car & other valuables). But than too they are asking me to vacant house. When i refused they are forcing me & say that they will send me legal notice as house is in name of my mom. Even my mother does what is said to her by my brother. To inform I stay in this house from last 7 years & is maintained by me only.
Please advice what can i do? Do we have to vacant house?
Kishor Mehta
(Expert) 29 May 2017
Sir,
You will be governed by the Rent Act of the state of your residence. You should consult a lawyer in the best of your interests.
Good luck,
Kishor Mehta
Kumar Doab
(Expert) 29 May 2017
Mr. Kishore Mehta has advised.
You may benefit from it.
Kumar Doab
(Expert) 29 May 2017
Another Perspective;
Hope you shall take it positively.
Owner can ask to vacate the premises.
If your mother is owner she can ask you to vacate.
You have been enjoying it, probably without paying any rent.
Kumar Doab
(Expert) 29 May 2017
You seem to be concerned about property (ies) currently under control of your brother.
Your father and mother are both alive.
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 29 May 2017
If other properties are self acquired/earned/absolute in the hands of your Father then you have NO forced share in it. Your father can dispose these in his life time by a valid/registered deed in anyone’s favor.
If your father deceases without disposing these in his life time by a valid/registered deed e.g; WILL/Gift etc then you should have a share as his Legal Heir/Successor.
If other properties are self acquired/earned/absolute in the hands of your Mother then you have NO forced share in it. Your Mother can dispose these in her life time by a valid/registered deed in anyone’s favor.
If your Mother deceases without disposing these in his life time by a valid/registered deed e.g; WILL/Gift etc then you should have a share as her Legal Heir/Successor.
Kumar Doab
(Expert) 29 May 2017
Your father and mother may decide to give a share to you or anyone in your family e.g; wife, sons, daughter…………….
So maintain affection.
The property from mother’s side is not ancestral.
To succeed to mother’s estate/property the nature of property and its source matters.
If property in the name of Father is ancestral then you have a share as Co-parcener.
It is entirely your decision to proceed in any manner as most suitable to you.
Kumar Doab
(Expert) 29 May 2017
In other threads initiated by you e.g;
http://www.lawyersclubindia.com/experts/Ngos-or-helpfull-advsiors-advocates-620286.asp
I have given you the names of local LCI experts.
If you wish you may approach them, Mr. Kishor Mehta, Mr. M.V.Gupta, Mr. Jeevan Patil, Mr. Madhu………………
During in person discussions you may be in a better position to explain and get to know strategy of your counsel that may offer some help you.
Rajendra K Goyal
(Expert) 30 May 2017
The property is in the name of your mother, she can sell / gift / mortgage / bequeath a will for her property in favor of any one she like, you can not object.
Guest
(Expert) 30 May 2017
Agree with Mr.RK Goyal
Guest
(Expert) 30 May 2017
It is your Mother's Property
Guest
(Expert) 30 May 2017
Mother Holds all the Rights
Guest
(Expert) 30 May 2017
She could decide what to be done with it
Guest
(Expert) 30 May 2017
Well Advised
Guest
(Expert) 30 May 2017
Nothing to Add More Please
Kumar Doab
(Expert) 30 May 2017
Good to see expression of agreement with expert.
Kumar Doab
(Expert) 30 May 2017
Yes, It has already been clarified that it is Mother's Property.
Kumar Doab
(Expert) 30 May 2017
Yes, It is known and already been clarified that it is Mother's that hold's the rights.
Kumar Doab
(Expert) 30 May 2017
Yes, It is also known and already been clarified that Mother's being holder of rights can decide what she wants to do with her property.
Kumar Doab
(Expert) 30 May 2017
Good to see expression of well advised for expert(s).
Kumar Doab
(Expert) 30 May 2017
Anything that requires can be added.
Kumar Doab
(Expert) 30 May 2017
IT=@PSD being an exception.
IT can't.
