Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deepti   15 March 2016

Need a genuine lawyer who can help us get justice

Dear Lawyers,

I need some legal advice and help and hence I am posting it here. I have taken advice from a couple of lawyers previously through contacts and not one of them seemed helpful. It seemed like they just want to exploit us. Hence I am posting here on a wider forum hoping to find at least one genuine lawyer who can honestly guide us. About money, I agree we all work for it but ripping off is the least professional way to do it. I am ready to pay whatever is justified, but I expect some commitment to do a good job.

Now getting straight to the case:

My parents have two properties in the same building in Mumbai. One was in my mother's name alone and the other one in their joint names. The one in my mother's name is where my brother (the villain) lives currently. He claims that my mother has transferred it into his name, although he has not proved that to us yet. But somehow he has managed to get the electricity bill and some other documents in his name. My mum passed away in August 2015 and she mentioned a few times to us (my sister and me) that she has never signed any property into his name. My father passed away in Oct 2011. So now he is controlling both the properties and refuses to share anything with us. 

He is not doing any job and both him and his wife live off the rent they get from the house in our native and the other house in Mumbai. He never looked after my parents while they were alive and treated them badly and now is taking all the property and tells us to come to court if we want anything. 

Both my sister and I don't live in Mumbai, therefore he thinks he can get away with this. Ideally, I wouldn't have gotten into this but I am fed up of his arrogant behaviour. It is also the principle of doing the right thing which has compelled me to reach out for help. Else, I know 

What I am looking for: I am looking for a genuine and honest lawyer, who is willing to deal with this case thoroughly and give us a commitment to get some solution ASAP. My sister and I will take turns visiting Mumbai for the case hearings. The case is an easy win since all three of us are the legal heirs. I believe that the court will agree to give us our rightful share. We are not asking for anything more. I also want some proof that the house he claims is his, has been rightfully given to him by my mum. In that case I can let it be. If not I would want my sisters and my share from it. 

Kindly share your thoughts on this and if anyone is willing to take the case on please contact me.

Thanks,

Deepti

 



Learning

 3 Replies

dr g balakrishnan (advocate/counsel supreme court)     15 March 2016

all of you havebequal shares. u move civil jurisdiction under original jurisdction of the bombay high court if property is in mumbai. youcan move under hindu succession act r/w indian successu=ion act r/w maharashtra successuion act amendments relevant to you, 

 

you can get eviction of yr brother from those properties and ask the court to appointnadministrator till court solves the matter of legal heirship, as it is bound to be intestate property no will vould give yr brother any individual preferential rights under law.

 

if he has will let him probate under  testamentory jurisdiction of the high court, 

Nitin Nanda (Advocate)     15 March 2016

Hi, 

You can file a suit for partition and for issuance of letter of administration for the properties of your parents. You will have to plead that your parents died intestate, to the best of your knowledge.

Electricity bills and other bills do not prove ownership but they do indicate possession of your brother. 

You must simultaneously file an application for interim injunction, to bar your brother from disposing off the properties during the pendency of the case.

You can also file an application for directions to your brother to acoc*nt for the rent he receives and to share the same with you.

If he produces a will, you may challenge the same on the grounds available in law. But such a course can only be decided after a competent advocate has seen a copy of the same.

 Warm regards,

Nitin Nanda

Advocate

adv.nnanda@gmail.com

 

 

slakshmanrao (accounts officer)     16 March 2016

As far as government related cases are concerned,we prefer for enhancement in contingency grant represented by frequent travels.Other wise the duties assigned are different from court cases,in which officials are forced to meet the expenses from the hard earned salaries.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query