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(Guest)

house occupied by father and second mother

We have a plot which was on my mother's name, which is a kind of lease for 999 years by a society purchased in 1987.  Previously this area was under tehsil.  The role of the society is now no more there as the area has come under municipality.  After my mother's death, my father married again and abandoned us.  When I came to know about this property, I went to get papers from Tehsil and found that in my mother's name without an ARNO, only plot size and location given.    So I went to Nagar Nigam and filed application for transfer of the property to my name, being the only son with my sisters consent.  Now I have the house tax receipt in my name and lease papers from Tehsil.  When I enquired in tehsil for transfer of the land to my name, they said since there is no ARNO, it could not be done and advised me to directly go to nagar nigam and get it transferred over there.  The problem now is that my father is residing in that house with his second spouse and children and will not agree to vacate it or even give me a share in that.  So kindly guide me as to what course of action should I take, keeping in mind that my father won't let me to enter it.  Please also advise whether I can sell the property at this time.



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 4 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     07 January 2011

You can issue a notice for partition of the property with metes and bounds and later file a suit if he doesn't turn up.

 


(Guest)

Dear sir

Thanks for reply.  I needed to ask you whether my father has any right over this house, because advocates in my area say that he has no right over the property as it was in my mother's name.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     08 January 2011

Dear Sunil,

AFter the death of a lady, naturally, her husband and children shall step into the shoes of her property. 


(Guest)

what if the property was purchased and built by my father


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