Possion of son in father self acquired property

mabusubhani (Querist) 23 July 2021 This query is : Resolved
Respected Sir/Madam
My Father was pass way. house was in his name.Presently My Mother(65) and Unmarried sister (40) were stay in that home.There are not allow me in that house.They refuse my self and my wife.How to enter in that house, can ask rent for my share of that house,can my wife file petition for residence under women protection act.(My Family belongs Muslims)

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A son is seeking to understand his rights regarding his deceased father's self-acquired property, where his mother and unmarried sister currently reside. While some advice suggests the property may have been gifted to the sister, others clarify that if the property was not gifted, the son may have a right to a share. The most recommended legal recourse is to file a suit for partition, rather than attempting to force entry or immediately claim rent.

SHIRISH PAWAR, 7738990900 (Expert) 23 July 2021
Hello,

House is already gifted by your father to your unmarried sister. So you have no rights in that house.

Isaac Gabriel (Expert) 23 July 2021
Self earned property has been gifted.Itis.lawful.

Advocate Bhartesh goyal (Expert) 23 July 2021
As per your statement your father has gifted his house to your sister now house is self acquired property of your sister you and your wife have no right and share in that house .You and your wife can't legally enter in house nor can demand any rent and your wife not entitled any relief under the provisions of PW D V Act.

mabusubhani (Querist) 23 July 2021
Respected Sir/Madam My Father was pass way. house was in his name.Presently My Mother(65) and Unmarried sister (40) were stay in that home.There are not allow me in that house.They refuse my self and my wife.How to enter in that house, can ask rent for my share of that house,can my wife file petition for residence under women protection act.(My Family belongs Muslims)

Dr J C Vashista (Expert) 24 July 2021
Same words / facts has been re-posted, which are vague and ambiguous.

I think experts herein above have presumed the house has been gifted to your sister, which you did not mention in both of your statements, what is the factual position?

Shashikant V. Patil (Expert) 24 July 2021

I agree with Dr JC Vashista Sir, How presumption of gift of house by expert not understood by the very fact by querist.

P. Venu (Expert) 25 July 2021
As I could understand, there nothing in the posting to infer that the property has been gifted by the late father. All that he is seeking is a suggestion to access his rightful share in the property left intestate by his late father.

Forcing entry may not be the proper. The best option is in filing a suit for partition.

Message likes : 1 times

krishna mohan (Expert) 27 July 2021
Unmarried sister and mother living in the property is lawful. If you choose to reside there you can sort out the issue amicably. But claiming rent from your mother legally and ethically may not be right. After the life time of your mother you can think of claiming your share being the legal heir of the property lying in the name of your father.

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