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K.CHANDRASEKAR (CONSULTENT)     04 August 2012

Property dispute

 

RESPECTED LAWYERS,

 

               PLEASE GUIDE ME HOW TO MAKE MY FURTHER MOVE TO GET OUR PROPERTY SHARE’S RIGHT IN THE FOLLOWING SITUATION.

MY FATHER PURCHASED A FLAT IN CHENNAI OF HIS EARNINGS.IN HIS NAME. HE PASSED AWAY IN 1993 BY LEAVING MY MOTHER AND 6 CHILDREN (3 SONS & 3 DAUGHTERS). MY MOTHER IS AGED 83 AND LIVING IN THE HOUSE ALONE.SHE HAS LET A PORTION OF THE FLAT FOR RENT. BESIDES THAT SHE IS HAVING SUFFICIENT MONEY WITH THE BANK & POST OFFICE AND GETTING INTEREST.

SHE DOESN’T WANT TO LEAVE THAT FLAT EVEN THOUGH WE HAVE OFFERED TO COME AND LIVE WITH US. 2 OF THE DAUGHTERS WIDOW. AND ONE SON IS NO MORE. BEING THE ELDER SON I AM VISITING MY MOTHER IN WEEK ENDS. THOUGH MY MOTHER IS NOT FINANCIALLY DEPENDENT I AM EXTENDING MY MORAL SUPPORT.

SIMILARLY ONE OF THE WIDOW SISTER THOUGH SHE IS OUT OF STATE (PUTTAPARTHY. A.P.) SHE MAKES FREQUENT VISIT AS WELL AS TAKING MY MOTHER TO HER PLACE. HER ONLY DAUGHTER IS IN U S A. HENCE NO PERSONAL FAMILY COMMITMENTS. HENCE SHE IS SPENDING MORE TIME WITH MY MOTHER.

BY TAKING THIS ADVANTAGE SHE IS TRYING TO BRAINWASH MY MOTHER TO TAKE OVER THE POSSESSION OF THE FLAT AND TAKING MY MOTHER FOR CONSULTATION WITH THE DIFFERENT LAWYERS, AS MY FATHER HAS NOT LEFT ANY WILL.

FOR YOUR KIND INFORMATION THAT MY MOTHER IS REFUSING TO SHOW THE FLAT DOC. AND HER SAVINGS.TO ANY OF HER LEGAL HIRE EXCEPT TO WIDOW SISTER AND ALL PROP. & FINANCIAL DEALINGS THROUGH HER.EVEN AFTER 20 YEARS OF MY FATHER’S DEATH WE THE OTHER LEGAL HIRES ARE UNABLE TO HAVE THE COPIES OF THE DEATH / LEGAL HIRE CERTIFICATES AND THE COPY OF THE FLAT DEED.BOTH ARE VERY ADAMANT TO PART THESE DETAILS. TO THAT EXTENT THE WIDOW SISTER BRAIN WASHED MY MOTHER.

              ON GOING THROUGH THE LAWYERS CLUB INDIA WEB SITE CAME ACROSS THE WOMEN'S RIGHT TO PROPERTY  AND THE Hindu succession act 2005 IN THAT IT IS MENTIONED AS (Under Section 23 of the Hindu Succession Act, 1956)

 In THE dwelling house the female heir shall be entitled to a right of residence therein; Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by, or has separated from, her husband or is a widow.

                                    IN MY CASE THIS SISTER IS GETTING THE ELIGIBILITY AS WIDOW . I AGED 64. I WANT TO GIVE THE PROCEEDS OF MY SHARE TO MY GRAND SON’S EDUCATION DURING MY LIFE PERIOD ITSELF,BUT ONLY AFTER MY MOTHER’S PERIOD (WHO IS 83 NOW)

 IF MY WIDOW SISTER WHO IS HAVING MORE ACCESSIBILITY TO MY MOTHER HER FINANCIAL OPERATIONS AND PROPERTY DOCUMENTS MAY ADEMENTLY STAY IN THE FLATAFTER MY MOTHER'S PERIOD , WITHOUT ALLOWING ANY OTHER LEGAL HIRES TO SELL AND TO ENJOY THE FATHER’S PROPERTY DURING OUR LIFE PERIOD.

 UNDER SUCH CIRCUMSTANCES I WANT TO TAKE STEPS TO ENSURE MY LEAGL RIGHTS NOW ITSELF DURING MY MOTHER’S PERIOD IT SELF. AT PRESENT I DON’T WANT TO INSIST FOR SALE BUT AFTER MY MOTHER’S PERIOD WITH THE SUPPORT OF OTHER SISTERS AND BROTHERS WE HAVE TO LIQUIDIDATE THE PROPERTY UNDER EQUAL SHARE WITH OUT ANY LEGAL PROBLEM THROUGH THE ABOVE SAID WIDOW SISTER BY REFERING THE Hindu succession act 2005 FOR HER RIGHTS TO LIVE IN THAT FLAT TILL HER LIFE.

              PLEASE GUID ME THE STEPS TO BE TAKEN NOW ITSELF TO AVOID THE ABOVE MENTIONED LITIGATION WHICH MAY OR MAY NOT TAKE PLACE AFTER MY MOTHER.

       THIS IS BECAUSE THAT WIDOW SISTER IS CONSULTING LAWYERS AS WELL AS EXPRESSING  HER INTENTION OF HER INTERST TO TAKE OVER THE FLAT FOR HER OWN.    

         PLEASE GUIDE ME. SINCERLY AND HOPEFULLY AWAITING MANY OF YOUR VALUABLE ADVISES

 WITH KIND REGARDS

K.CHANDRASEKAR.

------------------------------------------------------------------------------------------------------------------------------------------------DEAR SIRS,

                     IF THE MAJORITY OF THE LEGAL HIRES WISH TO DISPOSE THE PROPERTY' AFTER OUR MOTHER'S PERIOD' AND THIS  SISTER ALONE ADAMANTLY CLAIMING HER "LEGAL RIGHTS TO LIVE" AND NOT VACATING THE FLAT AND CREATING PROBLEM TOWARDS ANY 3rd. PARTY:S WILLING TO BUY, HOW CAN WE THE MAJORITY RIGHTS CAN BE FULFILED .

 

                      IS THERE ANY TYPE OF LEGAL DOCUMENTATION LIKE   UNDERTAKING  AGREEMENT OR SETTLEMENT CAN BE MADE DURING OUR MOTHER'S PERIOD WITH THE SUPPORT OF FAMILY ELDERS OR THROUGH LEGAL STEPS.

 

                    SINCERLY EXPECTING MANY OF  YOUR ADVICES AND GUIDENCE, PLEASE

 

WITH KIND REGARDS

K.CHANDRASEKAR.

 



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     04 August 2012

Dear Mr. Chandrashekhar,

 

I have gone through the contents posted by you. But if the flat has been transferred to your mothers name. then in that case she is the owner of that property and could do whatever she thinks fit.

Further, with regards to the deposits lying with the banks and post offices,the said bank accounts are in joint name or sole name of your mother?

you never know your mother might have a will ofher property. so its best not to strech the issue. but to settle the same amicably and peacefully by meeting your siblings at your mothers place and discuss about the same.

 

You all can ask how to divide the share in the property and the bank and postoffice deposits. then you will come to know what is goingon in your mothers mind. whether she wants to share the assets among all her children or just in the name of her single daughter only.

 

You may also call upon 09324538481 fo legal assistance.

 

Regards

Advocate Rohit Dalmia

Mumbai

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 August 2012

Dear Mr.Chandrashekhar, 

 

If your father died without leaving a will and he was the absolute owner of the property, then in that case - the property automatically devoled on all children and your mother in equal respects, you can cull out your specific share by filing a suit for partition at any time. The mother can execute a will at best for her share in the property and not the entire property. 

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