RESPECTED LAWYERS,
PLEASE GUIDE ME HOW TO MAKE MY FURTHER MOVE TO GET OUR PROPERTY SHARE’S RIGHT IN THE FOLLOWING SITUATION.
MY FATHER PURCHASED A FLAT IN CHENNAI OF HIS EARNINGS.IN HIS NAME. HE PASSED AWAY IN 1993 BY LEAVING MY MOTHER AND 6 CHILDREN (3 SONS & 3 DAUGHTERS). MY MOTHER IS AGED 83 AND LIVING IN THE HOUSE ALONE.SHE HAS LET A PORTION OF THE FLAT FOR RENT. BESIDES THAT SHE IS HAVING SUFFICIENT MONEY WITH THE BANK & POST OFFICE AND GETTING INTEREST.
SHE DOESN’T WANT TO LEAVE THAT FLAT EVEN THOUGH WE HAVE OFFERED TO COME AND LIVE WITH US. 2 OF THE DAUGHTERS WIDOW. AND ONE SON IS NO MORE. BEING THE ELDER SON I AM VISITING MY MOTHER IN WEEK ENDS. THOUGH MY MOTHER IS NOT FINANCIALLY DEPENDENT I AM EXTENDING MY MORAL SUPPORT.
SIMILARLY ONE OF THE WIDOW SISTER THOUGH SHE IS OUT OF STATE (PUTTAPARTHY. A.P.) SHE MAKES FREQUENT VISIT AS WELL AS TAKING MY MOTHER TO HER PLACE. HER ONLY DAUGHTER IS IN U S A. HENCE NO PERSONAL FAMILY COMMITMENTS. HENCE SHE IS SPENDING MORE TIME WITH MY MOTHER.
BY TAKING THIS ADVANTAGE SHE IS TRYING TO BRAINWASH MY MOTHER TO TAKE OVER THE POSSESSION OF THE FLAT AND TAKING MY MOTHER FOR CONSULTATION WITH THE DIFFERENT LAWYERS, AS MY FATHER HAS NOT LEFT ANY WILL.
FOR YOUR KIND INFORMATION THAT MY MOTHER IS REFUSING TO SHOW THE FLAT DOC. AND HER SAVINGS.TO ANY OF HER LEGAL HIRE EXCEPT TO WIDOW SISTER AND ALL PROP. & FINANCIAL DEALINGS THROUGH HER.EVEN AFTER 20 YEARS OF MY FATHER’S DEATH WE THE OTHER LEGAL HIRES ARE UNABLE TO HAVE THE COPIES OF THE DEATH / LEGAL HIRE CERTIFICATES AND THE COPY OF THE FLAT DEED.BOTH ARE VERY ADAMANT TO PART THESE DETAILS. TO THAT EXTENT THE WIDOW SISTER BRAIN WASHED MY MOTHER.
ON GOING THROUGH THE LAWYERS CLUB INDIA WEB SITE CAME ACROSS THE WOMEN'S RIGHT TO PROPERTY AND THE Hindu succession act 2005 IN THAT IT IS MENTIONED AS (Under Section 23 of the Hindu Succession Act, 1956)
In THE dwelling house the female heir shall be entitled to a right of residence therein; Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by, or has separated from, her husband or is a widow.
IN MY CASE THIS SISTER IS GETTING THE ELIGIBILITY AS WIDOW . I AGED 64. I WANT TO GIVE THE PROCEEDS OF MY SHARE TO MY GRAND SON’S EDUCATION DURING MY LIFE PERIOD ITSELF,BUT ONLY AFTER MY MOTHER’S PERIOD (WHO IS 83 NOW)
IF MY WIDOW SISTER WHO IS HAVING MORE ACCESSIBILITY TO MY MOTHER HER FINANCIAL OPERATIONS AND PROPERTY DOCUMENTS MAY ADEMENTLY STAY IN THE FLATAFTER MY MOTHER'S PERIOD , WITHOUT ALLOWING ANY OTHER LEGAL HIRES TO SELL AND TO ENJOY THE FATHER’S PROPERTY DURING OUR LIFE PERIOD.
UNDER SUCH CIRCUMSTANCES I WANT TO TAKE STEPS TO ENSURE MY LEAGL RIGHTS NOW ITSELF DURING MY MOTHER’S PERIOD IT SELF. AT PRESENT I DON’T WANT TO INSIST FOR SALE BUT AFTER MY MOTHER’S PERIOD WITH THE SUPPORT OF OTHER SISTERS AND BROTHERS WE HAVE TO LIQUIDIDATE THE PROPERTY UNDER EQUAL SHARE WITH OUT ANY LEGAL PROBLEM THROUGH THE ABOVE SAID WIDOW SISTER BY REFERING THE Hindu succession act 2005 FOR HER RIGHTS TO LIVE IN THAT FLAT TILL HER LIFE.
PLEASE GUID ME THE STEPS TO BE TAKEN NOW ITSELF TO AVOID THE ABOVE MENTIONED LITIGATION WHICH MAY OR MAY NOT TAKE PLACE AFTER MY MOTHER.
THIS IS BECAUSE THAT WIDOW SISTER IS CONSULTING LAWYERS AS WELL AS EXPRESSING HER INTENTION OF HER INTERST TO TAKE OVER THE FLAT FOR HER OWN. PLEASE GUIDE ME.
WITH KIND REGARDS
K.CHANDRASEKAR.
