LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mamatha Kumari (NA)     28 August 2011

After husband dead, wife right on his properties

Hi My name is Mamatha

My Dad passed around 15 year back.

we are childrens to my parents (myself (f) and my brother(m) )

I got married in 2002

Recently my brother got married, he occupied the house. House is on my Dad name.

he is not allowing her to stay in the same house. Presently she is staying in a rented house.

what happens if he not intrested to sell the propertly and not willing to pay amount for other's share out of the property

how can we procede to get the share of the property.



Learning

 6 Replies


(Guest)

Whom is your bro not allowing to stay in the house?

 

Your mum or his wife?

 

Please clarify..


(Guest)
Who is she to whom your brother not allowing to reside in same house??

(Guest)
Property will be divided into three equal halves one share is your one is for ur brother and 3rd is of your mother if she is live. File a partition suit in court.

Mamatha Kumari (NA)     28 August 2011

 

Thank you for your reply to both of you (Princess and shally)

 

My brother is not allowing my mother to stay in the same house.

 

I have one more question

 

if we are not able to file partition suit now, and if we are staying in diffrent place(i mean in rented house in the same citi), can we file after 3 years.

 

because if he put any other case (even though it's not correct), since I am working in a pvt sector, my job would be in risk.  

 

Thats the only reasion I would like to know that

 

Can we file suit after 2 or 3 years. 

 

if we can file after 3 years, and if we file after 3 year, will it increase the complexity of the case.

 

thank you in advance for helping us.

kumar t v s (advocate)     28 August 2011

Smt Mamatha,

you can file the partition suit claiming joint ownership and constructive possession. Consult a good property advocate.

nidhi sharma (lawyer)     28 August 2011

a lady owned property in her name. though the purchase of the property was funded by her husband. he registered in her wife's name, now her wife is expired & he have 1 son ,he remarried and have three children,noe he is dead willing tranfering all his property to his 2nd wife's children and nothing to the 1st one. my question is how much property belongs to the first son??

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register