Upgrad LLM

cheated by own family


hi Respected Lawyers,

 

My dad passed away 20 years back, my mom is still alive , have one brother and sister,  I live in abroad. 

My dad did not had will ,  my mom had 3 plots oh her name which gave to my brother and sister,  and now refusing to give me any share. My mom is even refusing to show the property papers.

I have 2 questions.

1 what are my legal options to get the share ? 

2.can I file mental harassment case on them as they keep on accusing me that I am giving money my in laws?

 

 

 
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Lawyer

Originally posted by : youngerbro
hi Respected Lawyers,

 

My dad passed away 20 years back, my mom is still alive , have one brother and sister,  I live in abroad. 

My dad did not had will ,  my mom had 3 plots oh her name which gave to my brother and sister,  and now refusing to give me any share. My mom is even refusing to show the property papers.

I have 2 questions.

1 what are my legal options to get the share ? 

2.can I file mental harassment case on them as they keep on accusing me that I am giving money my in laws?

 

 

Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding, which do not attract any obligation of experts on this platform since you can afford.

 
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Retired employee.

Your queries are

.1 what are my legal options to get the share ?

This is a complicated issue that can not be decided by strangers like members of the forum.  Who acquired the assets ?  Whether there was a registered will by your father  , whether there were ancestral properties ?  As a son you must be only aware of these facts.  Contact a local friend or relative and ask him to get Municipal records/Certified copies of such documents of title from Registrar's ofice. 

Then ask him to contact a local advocate for issuing a formal legal notice demanding for share in such properties.  Depending on their reply, your advocate may guide you further.

.2.can I file mental harassment case on them as they keep on accusing me that I am giving money my in laws?

You are residing abroad.  Your parents might have brought you this NRI status and remember this.  It is your property, you can do it as you like (as your mother has been doing as per your allegations.

It is within the family and do not complicate the issue and strain relations further accusing your own family members of mental harassment when you are residing abroad.

Focus on real issue.

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : youngerbro
My dad passed away 20 years back, my mom is still alive , have one brother and sister,  I live in abroad. 
My dad did not had will ,  my mom had 3 plots oh her name which gave to my brother and sister,  and now refusing to give me any share. My mom is even refusing to show the property papers.
I have 2 questions.
1 what are my legal options to get the share ? 
2.can I file mental harassment case on them as they keep on accusing me that I am giving money my in laws?

 

1. IF Property is in sole name of Mother and IF Mother is alive, THEN she is legally entitled to Sell /Gift /Donate /Mortgage /whatever .... her property to ANYBODY without any NOC or Permission from any of her legal heirs, without any exceptions, whatsoever....  Other Legal Heirs /Children CANNOT legally raise any objections or claims in such cases.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
 

 
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Retired Manager

This is a repeat question which was already posted today itself and replied to by the Experts.

 
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Advocate

1. In case your mother have acquired the property out of her earning, she can transfer to anyone be it a man of straw.

2. If your mother have acquired the property which your father have acquired out of his earning by way of gift, she is again entitled to do whatever she likes.

3. But if your mother have acquired the your ancestral property, you can claim your rights. Moreover if your mother have acquired the property willed by your deceased father, you can challenge the will.

4. Definitely you can sue a mental harassment on your brothers and mother.

Before processing anything please consider for the searching reports of the property from the registrar's office.

 
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