cpc

property issue with siblings


i am residing with my mom, and i have 2 brothers, from year 2003, 17 years they are in abroad, till date they have not send a single penny for the expenses, nor for mom or me either.
we are having 2 flat cost 1.20cr each, now they are asking for the share in property and property is on my mom name, where in they never look back once they left from here and now their wives is asking for the share and asking my mom for the same where even she is willing to give 1flat to my brothers.
do they have rights?
as till date i am having the entry in my bank statement entire expenses done of rent, groceries, travelling, light bills, gas bills and hospitalization bills & medicine and all xyz which i had done all expenses to take care of my family where in at the age i am still single taking care of my Mom.
pls guide do i need to do petition in civil court for the rights of property of do i need to go to family court

TIA
 
Reply   
 
Lawyer

Originally posted by : hujair khan
i am residing with my mom, and i have 2 brothers, from year 2003, 17 years they are in abroad, till date they have not send a single penny for the expenses, nor for mom or me either.we are having 2 flat cost 1.20cr each, now they are asking for the share in property and property is on my mom name, where in they never look back once they left from here and now their wives is asking for the share and asking my mom for the same where even she is willing to give 1flat to my brothers. do they have rights?as till date i am having the entry in my bank statement entire expenses done of rent, groceries, travelling, light bills, gas bills and hospitalization bills & medicine and all xyz which i had done all expenses to take care of my family where in at the age i am still single taking care of my Mom. pls guide do i need to do petition in civil court for the rights of property of do i need to go to family courtTIA

Who is title holder ( recorded/ registered owner) of the flats in question ?

Whether the flats are self-acquired by the title holder or devolved through succession ?

 

 
Reply   
 


Advocate

The facts posted suggest that the property belongs to your mother and hence, at present, neither you or your siblings have any rights in the property; she has the absolute rights and can deal with the property at her discretion.

Yes, you and your siblings are the legal heirs and could whatever property is left intestate after her lifetime. And no special rights or share has accrued and vested upon you just because you have taken care of her.

Of course, she can gift or execute a Will in your favour of the whole property or part of it; it is a matter purely at her discretion. But she can do those acts in respect of your siblings any third party as well.

More than the legal aspects, the situation posted warrants that all of you can join together and the mother can execute a sttlement deed to take effect after her lifetime and providing sufficient conditions to take her of her.

 


Total likes : 1 times

 
Reply   
 

mom is the title holder, flat is in mumbai, and its self acquired. actually its a redevelopment flat, the value increased drastically.
 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

1. YES .... Totally agreed with perfect legal advise of Shri P. Venu.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
Reply   
 
Advocate at Uttarakhand High Court.

The facts posted suggest that the property belongs to your mother and hence, at present, neither you or your siblings have any rights in the property; she has the absolute rights and can deal with the property at her discretion. The best option for you is if your mom is your side then your mom can make a will in which she mention that she wants to give all her property to you.With simple court procedure you can take her to the court and with in the court she tranferred her property to you.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

IPC Grand Course     |    x