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Shailendra Kumar Saxena   18 May 2025

Legal right in property

Sir,

Please advise. My wife's mother had invested in a flat in Gaziabad but her elder son with whom she was residing changed the name and put his name as owner. There were some dues. When his mother died, he took some loan in some others name who become guaranter and he along with his brother got register the property in their name without information of my wife. Although, they verbally agreed to give the share to my wife but never made any agreement inspite of repeated requests. Now the elder one is expired 2 yrs back.

The deceased wife and the other brother, not making any agreement nor selling the property. They have been not making settlement with any buyer whom we brought for sale and trying to delay the sale proceed. Now, can we move in the court for settlement of my wife 'a share or file a fraud case against them.

Thanks 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2025

Your wife can file a suit for partition claiming her rightful share in the property if there was any rights to her in the property because it appears that her mother had transferred the property in favour of her elder son during her lifetime.

It would be advisable that you consult an experienced lawyer in the local and proceed as suggested.

Shailendra Kumar Saxena   18 May 2025

No sir, there is no such agreement. She never mentioned that she has transferred the property. If by chance, that is the case, then why should he register the property with his brother. He would be the owner of property. Moreover, the property is on rent and they are sharing the rent with us. They also shared the registry papers and builder papers. 

Actually, we are worried that there is no paper mentioning the name of my wife. Verbally they agree to share the sale money but delaying in preparing some MOU,etc. BUT by any chance, they deny, in that case can we move legally. 

Thanks 

T. Kalaiselvan, Advocate (Advocate)     19 May 2025

You are seeking clarifications and opinion regarding future imaginary legal issues that may arise in this regard.

You may better consult a local lawyer with all related paapers pertaining to this property and discuss about the steps to be taken to safeguard your future interests.

 

Dr. J C Vashista (Advocate )     19 May 2025

Repeated query which have properly been obliged by experts, as observed from your profile.

However, if you are not satisfied with the obligation (may be it is free of cost) it is advisable to consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding.


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