Property of my deceased father
Santosh
(Querist) 03 August 2014
This query is : Resolved
Hello,
My mother has bought property by selling land given to her by her parents in year 1978.Later in the year 1980 , she gifted to my father as he could apply loan for building house. Loan was later cleared.They have 3 sons (including me youngest).My father deceased in year 2002, he did not leave a will behind.My mother along with my eldest brother were living in that house, where as myself and my other brother are in US.My eldest brother who iswith my mother, is not financial disciplined.He is in total debts and forcing my mother to sell the house.My mother does not want to sell house as she is emotionally connected and she does not have any income source other than rents.Even we don't want to sell the house.What are the rights of my brother and how can I protect my mother. Now he is asking all the loan vendors to force my mother.my mother is unable to handle the situation. Request your suggestion
Devajyoti Barman
(Expert) 03 August 2014
File a suit for declaration an injunction to save this house from getting sold.
ajay sethi
(Expert) 03 August 2014
your mother should refuse to sell the house .in any case she cannot sell the house without consent of other legal heirs .
you have 1/4th share in said house . file suit for partition and injunction
Santosh
(Querist) 03 August 2014
Thanks ajay,
How do we settle the property if my brother files a partition suite.
ajay sethi
(Expert) 03 August 2014
your objective is achieved if stay is granted restraining sale of property . you dont want your brother to sell the property. partition suit will take years to be disposed of . if your brother is willing to settle deed of family settlement can be drawn up wherein each legal heir gets his share of the property . .
Kumar Doab
(Expert) 03 August 2014
As posted by you, the Loan availed on house has been cleared.Hence it is free from debt.
Obtain NOC from Lender.
The mother, or any one else is not bound to pay the debt of your brother until or unless anyone is co borrower, guarantor.
The legal heir ( as suitable to you) can apply for Injunction and Partition.
Santosh
(Querist) 03 August 2014
As we are out of country, if my mother files injection and partition petition .how often she would be asked to come to court? She is senior citizen and hence checking how tought would it be to her.
Will we be asked to attend court?
ABDUL RAZIQUE
(Expert) 03 August 2014
yes if she can walk and have sound knowledge and good health then she must be appear before court.
P. Venu
(Expert) 04 August 2014
In a civil suit it is not necessary that the parties should appear, except to depose as witness. The advocate can take care of of the court proceedings.
T. Kalaiselvan, Advocate
(Expert) 05 August 2014
The query has been properly addressed by all experts, leaving nothing more to add, except to say that even you brothers can join the partition suit as plaintiffs besides your mother,though you need not come to court on each and every hearing. Infact the parties appearance before the court in civil courts will not be insisted until and unless there is a requirement.
Santosh
(Querist) 05 August 2014
Hi everyone,
Thanks for valuable suggestions.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 August 2014
I agree with expert ajay where both the object achieved :one restrain selling ; two settlement or say partion
