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bala (none)     09 May 2012

Property partition

 

We are family of four (Mother, Father, Me and my brother, we both are majors). I live in different country.  Father was retired govt employee, My father expired few months ago. Father had 50 lakhs promissory notes on his name when he died. My mother has ancestral house( 4 generations undivided property) on her name, my father bought house next to our house 2 years ago using his retirement money and remodeled both the houses into single house. My father also put purchased house on my mothers name for convenience. My mother receives retirement pension every month.

My brother had good education, but do not want to work. My brother and mother do not want to share promissory notes and property with me. What are my rights?.

 

I appreciate your advice.



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 May 2012

Dear Bala, 

If I understand it correctly there are two properties that have been clubbed together - First) Your mother's inherited one - ancestral property - Second) Father's self acquired property held in the name of mother. 

If this property was ancestral one which our mother got through her parents and not inlaws family. You have no claim as regards the First one - as your mother is the sole owner and can whatever she wants to. A mother is no source of a coparecenory and you do not get birth right in the property. However if the property is your paternal ancestor's property which somehow stands in the name of your mother - then you have a birth right provided it can impressed with character of Jt.Family Property.

As regards the Second property - you can seek a partition - your suit is protected by exceptions to S.4 of the Benami Transactions (Prohibition) Act, 1988, as the property is held by your mother in trust for the benefit of you children, and she did never have the means to acquire property on her own, hence she is not the absolute owner and holds the property as trustee for you people.

As regards the Promissory notes - you out and out have a 1/3rd share in the same. 

Advise : File a suit for partition and rendition of accounts with respect to all three and let them defend. 

 

 

 

 

Bharat Chugh

(Advocate)

91+11+9810553252


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