What are my rights
Santosh Singh
(Querist) 07 November 2015
This query is : Resolved
Dear Sir,
Here is the case story: Kindly guide me with suggestions.
1- In 2007 my father had sold the ancestral land of village in Rs.3 to 4 lakhs (exact amount not confirmed) & then after two or three months, a new land for residential purpose had been purchased in the name of my mother in city for Rs. 1.5 lakhs & remaining amount expenses in construction of house on plot.
2- In 2007 i got married. I have two childrens- daughter 6 years old & son 2 years old.
3- In 2011 my father was expired due to illness. My father was ex-government servant, he was retired from job in the year 1992, at the time purchasing land my father monthly pension is Rs.8000/- & this is the only source of earning.
4- In 2012 my sister got married.
5- Recently my mother and sister making a plan to sell the property without my intimation, but someone inform to me that your mother & her sister want to sell that property.
6- My mother said that property is in my name, and i am the owner & i have a right to sell the property to anyone & you don't have any right in that property.
Sir Kindly suggest what can i do, in that property what are my rights.
V R SHROFF
(Expert) 07 November 2015
YOU MAY INCUR LIABILITY TO MAINTAIN YOUR MOTHER SOON, IF U DON'TALLOW HER TO SELL HER PROPERTY.
USELESS TO OBJECT HER TO SELL OR DO WHATEVER WITH HER PROPERTY.
Dr J C Vashista
(Expert) 08 November 2015
Since you did not raise the issue of disposing of the ancestral property in the year 2007, it is time barred at this stage.
The consideration amount has been invested in the name of your mother, who is one amoungst class 1 heir ( besides your sister with yourself) of your deceased father.
At this stage your mother is the title holder of self acquired house (constructed plot) she may dispose it as desired.
You can just poke your nose in the transaction, if she wanted to sell the house. You may seek injunction restraining your mother to sell the house.
Contact, consult and engage a local prudent lawyer for proper appreciation of the facts, analyse, guide and advise you in a professional manner.
Kumar Doab
(Expert) 08 November 2015
Agreed with experts.
Rajendra K Goyal
(Expert) 08 November 2015
The property is in the name of your mother, she has right to dispose it off.
Anupam Lahiri
(Expert) 11 November 2015
Dear Santosh Ji,
Do you have any right of action in this case?
Firstly, your father disposed of ancestral property in 2007. At that material point of time you had no right of inheritance on the same as your father was alive. So, you cannot question on the sale of ancestral property. Proper party for this is ur uncles or aunties, if there be any.
Secondly, the property in the city is in the name of your mother. As it is her property, you have no right to interfere in its disposition. She is free to sell the property to fetch money.
In my opinion, it is futile to bring any suit in the way you are contemplating.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri Anupam Lahiri.
Rajendra K Goyal
(Expert) 29 March 2017
Repeated:
http://www.lawyersclubindia.com/experts/Can-i-file-a-case-of-420-563726.asp
http://www.lawyersclubindia.com/experts/Mother-sister-want-to-sell-the-whole-property--636436.asp
