RATUL SAHA (REGIONAL BUSINESS HEAD) 29 April 2012

Possession in property .

DEAR SIR,

KINDLY REPLY TO MY QUERY:

MYSELF A RESIDENT OF KOLKATA STAYS WITH MY FATHER,MOTHER,WIFE AND SON IN PARENTRAL HOUSE. THE PROBLEM IS THAT MY ELDER SISTER AND BROTHER IN-LAW ARE KEENLY INTERESTED IN POSSESSING THE PROPERTY i.e. OUR RESIDENTIAL HOME.MY FATHER AND MOTHER BELIEVES THEM LIKE ANYTHING AND IF POSSIBLE WILL HAND OVER THEM THE PROPERTY WHICH IS IN MY MOTHER'S NAME.I AM REALLY IN DILEMMA AS HOW TO DEAL WITH THIS.DO I HAVE THE RIGHT TO HAVE A PART OF THE PROPERTY OF MY MOTHER'S AND IF YES WHAT ARE THE PARAMETERS. CAN YOU JUST HELP ME OUT?

Regards,

Ratul Saha.

Kolkata.

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3 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 29 April 2012

Is your mother's property her self acquired one or gifted by any one?

Mahadeva Rao G (ADVOCATE) 02 May 2012

I completely agree with Expert Sri. Ashish Davessar. Unfortunately u cannot do anything in this case. The STATUS of the property in question will be of SELF ACQUIRED. What ever share your mother gives you ( If at all ) you should be happy with that. Try getting a GIFT DEED registered in your name or your son's name from your mother. ......... or alternately TRY getting or some how MANAGE to get a WILL executed by your mother with you as beneficiary and register the same. Lawfully this is what we can advise you.....

With Warm Regards,

MAHADEVA RAO G,

sohan1912@rediffmail.com.

ADVOCATE, BANGALORE.