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naveen (own)     04 August 2013

Dividing property

On 1991 when I was 12yrs old my father purchased 16 cents of land with a house. The 16 cents is under two documents. 8 cents of land in my name and the guardian as my mother and 8 cents of land in my mothers name only. The house is situated in such a way that 1/4 portion of the house is in the land under my mothers name only and ¾ of the house in the land under my name.

 

 My mother passed away 6 yrs back. At that time I was married with 2 kids. My father remarried without my concent after 2 yrs of my mothers death, When he remarried I settled the property in such a way that 8 cents plus 2.67. ( 1/3 portion of 8 cents. I have a married sister also) to the name of my minor children. My step mother is having an own house also. My father is now residing in the house which is in the name of my children and he is not allowing me or my family to enter into that house as I have not given concent to his new marriage. So I was forced to live with my wife’s family.I would like to buy a house in my children’s  name. For that I need some money, Can I sell that property. If so how can I divide the 10.67 cents from the 16 cents.



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 1 Replies

Advocate Ravinder (Advocate/Attorney)     26 August 2013

 After the death of your mother, the share of your mother will be divided into three parts, 1/3 each to you, your father and your sister.  Hence, you have your 8 cents property plus 1/3 of your mother’s property.  This is your exclusive property and your father do not have any title or right over it.  Hence, you can evict your father from your property by filing a civil case against him, you can claim damages also for his illegal occupation of your premises.  In the alternative you can sell the property to third parties in “as it is position”, but the purchaser will insist to vacate the possession of your father.   


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