Drhirdyesh Pant 22 December 2019

property dispute after my father's death.

My father passed away 11 years back without any will.. He was a govt employee.. My mother got job after him on compassionate grounds and We continued living in the govt provided flat. My father had a flat rented out whose GPA is on my mother's name and the flat is not registered as its under lal dora. After my marriage, my mother and my sister started harassing my wife over dowry n pressurising me for divorcing her when their demands were not met, she refused to welcome my wife in the govt quarter so we removed the tenants and shifted in the other flat. But now she has sent me eviction notice and demanding 12 lakhs as rent for the years I have lived in the other flat. And is saying that she is disowning me from all the property. What are my legal rights and what I should do now.?

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5 Replies

Shashi Dhara 22 December 2019

As your father has not written any will you issue legal notice for partition and file civil suit for partition.

Real Soul.... (LEGAL) 23 December 2019

She cannot calim whole of the property,you,your mother and sisters are heirs and share holders and you need to file for partition suit to get property divided.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 December 2019

Mutual Consent

When all co-owners mutually agree to have the property divided, they can execute the partition deed.
Through the partition deed, it ensures the division of the property according to the share of the individual.
Upon the execution of the partition deed, co-owners become rightful owners of their share of the property and are empowered to gift/sell/transfer their share of the property.

Drhirdyesh Pant 23 December 2019

Thank you all so much for your advice🙏🏼 I will be filing for partition. I want to know what all I have my right on? I mean after my father's death my mother transferred all my father's savings, funds on her as well as my sister's name.. She might have taken my written consent too. Since It was years back so I am not even sure now whether I signed anything or not or whether the consent was taken.. As I was just 18 and never thought a day will come when I will be disowned by my own family.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 December 2019

1. Since Father passed away without executing any WILL of his properties, YOU by legal default derive inherent rights to stay and claim the Father's Flat. Continue staying in said Flat and do not allow anybody else to take possession and further now you cannot be dispossed from said Flat.

2. Eviction Notice by Mother /Sister, is legally not tenable and will not stand in court. Further Mother /Sister CANNOT demand Rent from you since you are also legal heir of Father and are entitled to Flat. Neither you can be disowned of your Father's property, in anyway whatsoever & whichsoever.

3. File a Civil Court Suit for your rights. This will take 10-15 years to settle and to get a court court order, matter will be sub-judice and prejudiced minds of Mother /Sister will cool down for amicable settlement in future.

4. Single unit Flat is classified as "undivided property". Hence partition suit cannot be filed for the same.

Keep Smiling .... Hemant Agarwal
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