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Nilay   23 December 2020

Father's property

Hello Experts,

My father expired 2 years back, survived by mother and 4 siblings (2 bro and 2 sisters) Elder son lives in same city and mothers lives in house constructed by father.

Father left behind one flat, one house on own name and one plot (name of mother).

Elder son and mother transferred property from fathers name to mothers' name and plot purchased by father from mother's name to his own name. Both mothers and elder son didn't informed other three siblings. In short, mother and elder son divided all property between them depriving all three brother and sister. 

What the choice we have? All documents are with them and mother verbally informed about transfer of property. 

Mother claims father's property is automatically belongs to her and she has right to transfer property to anyone on her name.

Please suggest.



 8 Replies

basavaraj shiromani (Advocate)     23 December 2020

get the public documents and file a partition suit

 

Isaac Gabriel (Advocate)     23 December 2020

Four ceiblings along with mother entitled for equal shares.If not ageed, consult lawyer for proper advice and legal action.

Vedanth sharma (Nil)     24 December 2020

File partition suit

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     24 December 2020

Your father died intestate ie. Without a valid Will?

If there was a Will and in that he bequeathed property in your Mother's name, she can do as she wishes.

 

Another plot is anyhow in her name and her transferring to elder son may be correct unless you can prove that your father purchased property with his money in the name of mother. But the document favouring your mother needs scruitiny as to how the point of her acquiring the property.

SHIRISH PAWAR, 7738990900 (Advocate)     24 December 2020

Hello,

Your mother and your brother and sisters are having an equal share in the property of your father. You can even claim a share in the plot which is in the name of your mother as your father has purchased it. Take legal action against your elder brother and your mother for illegal transfer. 

P. Venu (Advocate)     24 December 2020

What do you mean by  "Elder son and mother transferred property from fathers name to mothers' name and plot purchased by father from mother's name to his own name"? How was the transfer effected? Was any conveyance deed executed?

 

Vishesh Kumar   25 December 2020

Greetings!

First of all, how can your mother and elder brother transfer the property on their name without obtaining NOC from rest of the Siblings.

Additionally, I advise you to consult a lawyer in your case to clear up the facts.

Thanks!

Dr J C Vashista (Lawyer)     25 December 2020

Seek partition of the properties.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding 


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