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Chandan RP (Ast officer)     02 June 2012

Property which was in the name of deceased mother

Hello Experts,

I am CRP ,  27 year old civil engineer working in cement industry in Bangalore. My father is a professor in my native place. I am the only child to my parents.

My parents got married in 1984. My Mother's family had gifted some land and a house to my parents also did some monetory help to my father to get a job during early 80's.

Later many land property (residential and agricultural) was purchased by father's earned money and with some financial help from my mother's family. A lot of property were registered in my mother's name  [some 5 nos of 60*40 sites and a big site in a small town with a present value of 4Cr]. 

My father also has a share of agricultural land from his father [My grand father] of about 10 acre [I am not sure whose name is it in ] 

My Father was not in good terms with my mothers family since beginning and even now.

Unfortunately , My mother expired due to brain haemorrage on 2004 while i was an engg student who lived in hostel 400Kms away from my place and this news came like a nightmare. I had to digest this huge loss in my life. 

As time passed [jus 6 months] My father remarried a widow (clerk in SP office - without a child) despite my unwillingness.

6 years have passed now. I am now married and living in a rented house 50 kms away from my native.

My father is not in all that good terms with me since my marriage was a love / arranged marriage for which he had to agree for the marriage helplessly [ loosing a chance to demand dowry!!]

We almost speak/meet once in 2-3 months. He never comes to see my family or call me.

Very recently it came to my knowledge that my dad was constructing a big house with a huge investment in a land that belongs to my stepmother. When asked about this the reply i got is only ignorance.

I am very insecure about the property which was there in my deceased mother's name. And i fear my stepmother's family members could do anything [bcos of police bakground] . I have no whereabouts of property related papers or my mother's death certificate .

What should i do now is a big question here. I hesitate and feel ashamed to explain this matter to any lawyer directly. 

My kind request to all Law experts in this forum to kindly advice me on this regard. I think i am in deep trouble. Please help me by giving a proper advice and your opinion regarding my situation.

Thank  You.



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2012

1.  BEFORE doing anything, you need to obtain the property documents belonging to your mother.


2.  Approach the local authorities where the properties are situated and get certified copies of all the property papers.  You may engage a local advocate or an searcher or an agent for this purposes.


3.  Also obtain the death certificate from the local civic authorities office.


4.  only after the above, you can think of claiming the property of your mother, by filing appropriate legal proceedings, more so since your mother has not made any will.


Keep Smiling .... Hemant Agarwal

N.K.Assumi (Advocate)     03 June 2012

In addition to  Hemant's responds, it will be better to execute Deed of Disclaimer over your Mother's property by any surviving heirs if any, so that you can sail smoothly to get the property transfer in your name.

Chandan RP (Ast officer)     04 June 2012

Thank you very much for your advice  Hemanth'ji and Assumi'ji ..


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