What to do if mother is declining a share in the property
youngbro
(Querist) 15 November 2017
This query is : Resolved
My dad expired and I live in USA my brother and sister brainwashed my mom and now she is dead against me and declining me share in the property she bought this my money but on her name please guide. They are saying I donot need the share but it is all my hard earned money. They are doing good too India my brother is superdenting engineer his wife is ca but still so mean, mom is saying I m in USA and cannot take of her so she has to listen to them.
Rajendra K Goyal
(Expert) 15 November 2017
Your mother is owner of the property.
Owner of the property can sell / gift / mortgage / bequeath a will of the property, no one can object.
Isaac Gabriel
(Expert) 16 November 2017
You are at liberty to institute suit, if at all you are able to prove the consideration was your money with documentary evidences.
Rajendra K Goyal
(Expert) 17 November 2017
You have given money, In absence of some written agreement regarding share in the property purchased from your money, you can ask return of money provided debt is not time barred.
DR.VEDULA GOPINATH
(Expert) 20 November 2017
You obtain Relinquishment Deed and GPA from your mother And Proceed.
Please give full details to guide you further
Cs Dr vedula gopinath sr advocate arbitrator vgnath@gmail.com Skype indisncorplawyer
Guest
(Expert) 20 November 2017
Mr. Rajebdra K Goyal does not seem to have understood even the basic question, when he states, "owner of the property can sell/ gift/ mortgage/ bequeath a will of property, no one can object," as if he expects that the deceased mother of the querist will do all such jobs by coming from heaven.!
Guest
(Expert) 20 November 2017
In the absence of any will of your deceased mother, you are legally entitled to get your share along with other siblings in equal parts, but not in full, if the property is in your mother's name, even if bought by your own money.
Guest
(Expert) 20 November 2017
Further about Mr. Rajendra K Goyal, when he advises the querist, "you can ask return of money provided debt is not time barred" it seems he has vaguely assumed in the absence of any statement by the querist, as if he had given loan to his brother and sister for the purchase of their own property, while the property is in their mother's name..
