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Dnyaneshwar Vaidya (Officer)     26 July 2020

Ancestral property fights

Dear Friends,

I am in little trouble and seek your advice before going to the court of law. My father was died in 2007 & we got some funds from MSRTC where he was employee before he died. We were three brothers. We bought a Residential plot with the funds said above in the name of my mother on the oral advice of the seniors in our locality where hy house is located with a thought that we three may not take her care in her older days (as we can see now a days). Now unfortunately my youngest brother has been died due to suside. I am living in another city 400 km away from my hometown for job. I along with some closest relatives attended his funeral and I back to the city to join my job, but as a SOP I have been put under qurantine for 14 days (10 days institutional + 04 days home) and cannot attended his 13th day as per the tradition. 

The in laws of my younder & youngest brother taking my mother in confidence (She is suffering from insomnia from last many years and is being treated from 2014 by a psychartist in a city where I live. She lives in my home town) & are transfering the above said plot in any way i.e. gift, transfer,sell etc. in the name of my Younger brother & the inheritors of my youngest brother, They may exclude my mothers name too from the ownership. 

As soon as come to know the above I requested not to take any action by email to the sub register office of the locality, but he may or may not listen my plea. In this situation I want to ask following one question.

a) Do my mother is mentally fit to take any decision regarding transfer of ownership of the plot, if yes Do she have a right to transfer the plot which she did not bought of her own earned money but it is in her name. As per my understading though the plot is in the name of my mother but bought by my fathers money on which we all have equall right. If I approach the court of law Do my case stands correctly in case the transfership of ownership happened as explain above.

Thank you in advance   

 



 5 Replies

G.L.N. Prasad (Retired employee.)     27 July 2020

In whose name the MSRTC paid such amount ???

Dnyaneshwar Vaidya (Officer)     27 July 2020

ThoughThe payment made in the account of my mother it may possible that the nominee may not be my mother

P. Venu (Advocate)     27 July 2020

Please post the simple facts highlighting the issue; not a long winding story.

Raghav Tanaji   27 July 2020

 

 

1. Property is on your mothers Name and it belongs to her even though it was bough by some one else. ( Only who has paid the money has right to take back the property )

2. Property of Father is equally distributed b/w wife & Children - if no nominee or will is made for such property

3. But you claim that your mother has bouts of insomania - under Indian Contract Act Section 6 - any such transfer can be questioned u/s ground of insanity or when there is no "Free Consent" u/s Section 14 of Indian Contract Act

 

Dnyaneshwar Vaidya (Officer)     30 July 2020

THANK YOU VERY MUCH SIR............


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