Daughter (D) being denied property money by brother and mother
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
My Father died when I (daughter) was around 15 years old. Mother raised both me (D) and my brother and now we are aged 34 and 32 years respectively. I was married once around 26 years which did not work out, got divorced within 4 years with first husband. Later, I loved and married a gentleman of my choice for the second time and is now living happily and have 4-years old kid too. Father's property (father died due to cancer without doing any will) was sold in Karnataka state few years back (around 36 lakhs) and both my mother and brother asked me for no objection for selling and I signed as they blackmailed me that they will “not” get me married with my second husband with whom I was in love. Now from that money of 36 lakhs, my mother invested 24 lakhs and my brother took a home loan of 15 lakhs and they purchased a home for themselves for nearly 40 lakhs, in their own name, i.e. my mother and brother's name. For the remaining 12 lakhs, they just verbally told that they shall give it to me but did not do. In that amount, they just spent around 2 lakhs for my second wedding and they did not even bother to take care of me/my kid after delivery and I was thrown out of the house. Now, I wish to claim my right in the property they have bought selling my father's property. Since past 6 years, they are telling that they shall give me my money but my mother has invested the remaining cash in shares, etc. and are enjoying their lives earning interests from banks with that (my) money. Now when it is necessary for me to buy a home, they are not agreeing to pay/settle me my share and saying I should take care of my mother during her dying age and then they shall decide. Today, they both are blackmailing if I ask money that they will tell to my in-laws (about my first marriage as my second husband insisted that they should not know for a better relation with my in-laws). They are denying to give any amount when I am in need of it and for tomorrow I cannot trust them at all. Now,
1) Please suggest what legal action for my rights can I take for this.
2) Can I legally claim my share of right now when my mother is alive (as right now they are enjoying the benefits of that money) or I have to wait and claim for half of it later fighting with my brother.
3) Is there any trick in the home loan taken by my brother for legal acts later?
4) Am I rightful owner for at least 33% of the property's money or what shall be my actual share according to this current status.
Kindly suggest and please guide further action for this.
adv. rajeev ( rajoo )
(Expert) 15 June 2011
When your father is died intestate, being a legal heir you have got equal share in the properties of your father. You can claim your share in the house property because it is purchased by selling the property of your father.
Have you relinquished your share? If it is so have you executed any rights relinquish deed in favour of your mother and brother?. If you have exeucted any regd., RR deed then you cannot claim, but not executed then you can claim.
Devajyoti Barman
(Expert) 15 June 2011
Yes , you are indeed co sharer to the properties left by your father to the tune of 1/3rd.
Now to lay claim to your due share you can file a suit for partition, injunction to restrain them from parting with the rest of the properties and for accounts as well.
Do not waste time anymore.
Querist :
Anonymous
(Querist) 21 June 2011
Thank you very much for your quick response. I think, I need to take further action on my brother and mother as required. Kindly let me know if I need to do or prepare for anything else.
