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Kamlesh (other)     01 February 2012

Property dispute

Dear Experts : pl. spend some time and go through my mother's life and suggest What to do now.

My father did 2 marriages, From his pervious wife he has 2 son and 1 daughter, She commited suicide before 35 Years at that time all three childrens are too small, So My father married to my mother and she owned the responsibility of these 3 kids, at that time they all are staying in a mud house roofed by chapra in a very backward area. My Father is addicted for hard drinks and not so responsible towards the family and working as a washer man at Sabarmati river and ironing clothes. My mother supported him with his work and saved from the earnings feed the kids and survives, She is working hard to provide them the good schooling, food and shelter. my mother inspired my father to borrow some money from our relative and own a shop on rent so that we earn more, he did and re-paid all his dues. my mother stayed with 3 kids in a small shop for 7 years then she insisted my father to book an house on installments, at that time my maternal uncle helped my father with Rs. 10,000/- to buy an new house, which was paid thereafter. We are 2 sisters and me from my mother, Total 3 brothers and 3 sisters all together. we brothers and sisters stayed happily together and now it's time for my elder brothers marriage, He married and stayed for some time and within 18 months he separated from us after few quarrel in our house all credit goes to my babhi's father, all his 6 daughters stays separate from their family. My another brother went on the wrong track and he ran away from the house and never stays with us and also not supporting the family. Then my elder sister get married and lives happily in her marital home, she comes occasionally as my father still drink, abuse and hurt my mother unnecessarily, she is now helpless we all 3 are not capable enough to stop all this but to tolerate due to all this i studied till 12th only (English Medium) and left the studies and support my mother in her work (Laundry) Ironing clothes and deliver to door steps to the customer. Now we 2 sister and me are alone to support the house. My father always ask for money from my mother to travel alone  to shirdi or anywhere. Also my mother gives him to escape from the quarrel and relief for few days. Then after few years and lots of suffering I raised my voice against my father not to tolerate any more and made some police complaint against violence. Hence my father left our house and stayed with my elder brother. We don't have any other financial support except the house still remaining with installments and few penalties. Which we cleared after every one left. House is on my Mother's name. Now my mother has all responsibilities of our marriages (all three of us my 2 sister and me) I struggled a lot to earn the money for my family to survive. Today my both sisters got married (my younger sister married recently in December 2011) me and my mother requested for several times to my father and my brother to give their presence in both marriage but they never came to bless them or to see whether we are happy or not or how we survives and now me and my mother stays alone and she is very ill and aged 60 plus Year, myself 29 Years facing asthma due to depression.  After all the sorrows and trouble and nearly after 18 Years my brother and my father wants to come back with us and want share from our house which my mother owns. While they never bothered how we faced all problems and managed all marriages. However my elder brother has his own property 1 commercial shop at highly developed area and 2BHK house. Pl. suggest how to deal with. Pl. let me know if you need more info.


 2 Replies

laxminarayana (Advocate)     01 February 2012

If it is your ancestral property than the all legal heirs have right to claim their share. If it is your mother self acquired property than  no one can right to claim her property, so that she can right to sell or gift to anybody.

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

From your case,it seems it is a self-acquired property of your mother.

as such children from your fathers first marriage has no right over it.

in case of her death,there will be 4 legal heirs,3 childred & her husband.

if tour mother wants,she can write a will on simple paper with 2 witnesses who are not beneficiary,giving the property to you.

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