Father and mother property to daughter
Sashank
(Querist) 11 January 2016
This query is : Resolved
Hello all,
My mother's father worked in coal mines for abt 40 yrs. he stayed away from home. He used to send some money home, which my grand mother saved and then bought some lands and registered them on my Grand fathers name and built a house on one of these lands. My mom has 3 male siblings.
Recently my grandmother expired. on the fourth day of her death, my uncles cornered my mom and made her to sign on some papers saying that all the gold of my grand mother will now belong to my mother and has been handed over to her but this did not happen. And now they even say that my mom does not have any right on the lands that my grand mother brought. My grand father is also on their side. can anyone help me find a way to get out of situation with better results?
thanks in advance.
dr g balakrishnan
(Expert) 12 January 2016
Now that yr grandmother bought the properties in her husband's name but she is the signatory of documents; and as such her properties in factum they are; so her daughter is entitled as per the new SC judgement.
your mom can file an FIR in the relevant police station of the jurisdiction of the area that she is forced by her brothers and took her signature; if the police fail to register the FIR, she can move private complaint before the magistrate of the jurisdiction . Better use a lawyer or any one reasonably knowledgeable to write a complaint, saying that she is forced to sign papers by your uncles ; if they have any claim let them file the civil case in a civil court. The magistrate would order investigation and even order arrest of the uncles depending on the police report he has ordered.
Rajendra K Goyal
(Expert) 12 January 2016
Land registered in the name of grand father belong to him. He is free to gift / will / sell it to anybody during his lifetime.
Your mother has no claim till he is alive.
The document your mother signed need to be referred.
Rajendra K Goyal
(Expert) 12 January 2016
Land registered in the name of grand father belong to him. He is free to gift / will / sell it to anybody during his lifetime.
Your mother has no claim till he is alive.
The document your mother signed need to be referred.
Sudhir Kumar, Advocate 
(Expert) 12 January 2016
apparently your mother has abdicated her claim.
No way now.
But your do not know what papers are signed. Your lawyer has to read these papers and see some hope, if possible.
Dr J C Vashista
(Expert) 16 January 2016
The titleholder (owner) of land (self-acquired) is still alive and has not gifted any of his property to any one in his family, including your mother, so relax, she does not have any right, interest, claim or title in the plot purchased by your grandmother from the savings and in the name of her husband.
If your mother's brothers (your uncle) got "some" papers signed, lodge a police complaint and file a suit for mandatory and perpetual injuction and declaration through a local prudent lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 January 2016
Your mother should file a suit for partition and seek separate possession of her share both in her father's as well as her mother's intestate properties.
In the suit itself she can file an application seeking an order to restrain the defendants from alienating the properties till the disposal of the main suit.
K.S.Srinivas
(Expert) 24 January 2016
I go with the exerts Dr.J.C.Vashista.
