Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rahul (Design Head)     19 September 2012

Property share (urgent please)

 

Hi,

My father expired before four years when he died he not make any will and after his death my mother and brother got his provident fund money, house and land in village but now they are not ready to give me anything.

 

My mother giving reason i don't want to give anything to any of son till am living but my brother using everything which my father left for us. he using all provident fund of my father for his personal expences and when i asked my mother she told me that your brother don't have any job, so who will help him?
 

Before two years i requested my mother for some money because i have some personal dues but she gave me only one reason i don't want to give money to anyone till am living but other side she giving money to my brother.

 

My brother told me that you are not living with us from last eight years so now you don't have any rights on this property and do whatever you want to do you will not get anything from this property.

Before one year i took adviced from one advocate and he told me as per law after your father death everything which your father brought from his income transfer to your mother and now if your mother don't want to give you anything then you can't do anything without wait till your mother not give you anything or after her death you got share from your property, but if i wait till my mother death (sorry to use this word) then i lost everything. 

 

Please guide what i can do in this case? legally how i can i get my rights in my father property?
 

If my mother don't want to give me anything then can i get money legally to pay my dues? OR can i get stay order on this property because i don't have trust on my brother.....

 

Regards,


Rahul



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     19 September 2012

dear querist ,

if the property in question is self acquired property of your father and he had made a will in any persons favour then you can not do anything as he was free to make any will however if he had left no will then you can claim your share in the property during the life time of your mother and where as the question of PF money or any other money in your fathers account wholly depends upon the corum of nominee ,if he had made your mother nominee in accounts and his service funds then she will get all the money and free to use that money. being a share holder in the property of your fathers and as a legal heir you can ask for injunction relief from the court till the partion happens.feel free to call if you have left any query.

rahul (Design Head)     20 September 2012

 

Thank you very much sir for your kind suggestions.

 

I have only one query if possible then please give me your suggestion.

 

My mother saying me only one thing that I am not ready to give anything from the property and money which my husband left till am living in this world but other side she giving money to my brother and giving me only one reason that he don't have job, half of the money he used for his personal expenses and he leave job because he want to do own transport business.

 

Sir, now he withdraw half of the money and I know as per law I can't get that money but as I mentioned I am living in rent home with my family and I have some personal dues, so in this case should I get my share in home and land for my family?

 

My mother words “I don't want to give any thing till am living in this world” can go against me?  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register