Disputes of Property
kalpan bhalsod
(Querist) 02 August 2011
This query is : Resolved
Hello Resp sir/madam,
I am working as sr. software developer in ahmedabad city and staying with my family includes my wife and my daughter. I am living at house owned by my father. I have younger brother also and according to my father's will, he wants to sell the house and distribute the money amongst me and my younger brother.
The issue is my mother died before 10 years ago, she was working as sr. Clerk at police dept at Ahmedabad city. On behlaf of joint earnings of my mother and father, my parents bought the house. After my mother died my father remarried to woman has son and daughter. Now forcefully, my step-mother wants to sell the house convincing my father and my younger brother.
Also there is situation that my father left the house and currently, living at their quarters provided by their company, so my father wants to sell the house while leaving us in dreadful situation.
I also wanted to be agree to sell the house with father, but not at so urgent as i have just 3 months old daughter and not being just ready get in mortgage. I asked my father to allow me some time to find myself capable of doing so within next 1 or 2 years.
I would like to know that what could be repercussion, if i claim to allow me to stay at the same property or don't provide possasion? can my father focefully throw me out? what could be issues when my father, become physical on this issue? can i go to court for this?
kalpan bhalsod
(Querist) 02 August 2011
Would you please reply to get me situation that i can necessary steps to avoid any difficult situation for my self and my family.
Thanks in Advance.
Kalpan Bhalsod
ajay sethi
(Expert) 02 August 2011
1)you have stated that property was bought jointly by your father and mother . is your mother name in the agreement as joint owner ?
2) in case it is so i presume your mother did not leave behing a will . in such a case your mother share will be distributed among her children and her husband ie your father
3) your father cannot in such a case sell the property without consent of other legal heirs
2) in such a case it is always better to have amicable setttlement . it makes no sense in washing dirty linen in public
kalpan bhalsod
(Querist) 02 August 2011
Thanks for you quick reply.
No, my mother doesn't hold any share or name on he property. It is only owned by my father. My father made his name with this property, but actually it was earned by total earnings of parents.
I tried to come up with settlement to allow me some time to get in to situation that i can buy another property and then after my father can sell the house...but concurrently he tries to threatening me to sell the house.
Is there any issues if i don't vacant the house till 1 or 2 years ? can i go to court since my father hasn't left any chance for me to go out in public ? Is there any laws can help me out in this situation that i would avoid major issues, since my father not convincing now at all.
Many Thanks
ajay sethi
(Expert) 02 August 2011
if it stands in name of your father i am afraid you dont have any legal case .
2) if you refuse to vacate the premises your father may file legal proceedings against you but it will till take some time . in the meantime you can find alternative accomodation
kalpan bhalsod
(Querist) 02 August 2011
@ajay sethi
Alright, your suggestion is very helpful. I would appreciate your help in this matter.
Tnks very much.
Kalpan Bhalsod
