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Prem (Manager)     15 June 2011

Rights of widowed mother on property

I need advice to understand the next steps.

My father died of heart attack around 5 years back. He had bought a house from DDA on a housing loan. Most of the loan was still pending when he expired. All the pending loans have now been cleared by my mother who is practising as a doctor. She is still in the process of getting the house transferred on her name.

My sister is a divorcee and came back home couple of years back. She also filed harassment case on her husband but finally the case is now stalled without any result. She is now in custody of her daughter and is a working lady. 

I am the son, working in another state (moved some months back). Since I have moved my sister has started acting as if she owns the house and is now ill treating my mother. When my mother asks her to behave or leave the house, she demands her share and says that she will not go. This behaviour is depressing my mother a lot and is affecting her health. She was ok till the time I was staying in the house. I have also invested a lot in getting the house renovated. Till the time I was staying in that house I was taking all the responsibility of maintaining the house.

Now I need to know, what rights does my mother have towards the house?

What rights does my sister have towards the house?

Can my mother ask my sister to vacate the premises?

Does my mother have any problem if the house is not yet transferred on her name? If it is on my Father's name still, does my sister have any right on the property?

What is my rights towards the property?

Regards

Prem



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     15 June 2011

Dear Sir,

As per my knowledge, if your father died without executing any will and he left his widow (your mother), daughter (your sister) and son (you) and no one else, then every one of you have got 1/3rd share of the property.  You all can discuss amongst themselves and come to settlement deed or if it is not possible you can amongst yourselves devide 1/3rd share.  If that also cannot be done, one of you can move the court for partition. No one of you can ask any other one to leave the house. My answer is subject to corrections from any other expert in property law.

gopal acharya (B.A.,LL.B.)     15 June 2011

house is the property of  your father and your father is died.after death of your father  onwer is not only one person but  also all of you, your brothers, your sister and your mother .it means all leagal hairs get onwership in house.

Prem (Manager)     16 June 2011

What will be the situation if the house is already transferred to mother's name? Would that change any situation?

Regards

Prem

gopal acharya (B.A.,LL.B.)     16 June 2011

sir , if any leagal hair  chalenge  this entry of mother name in the aproprite court ,than court  should give their judgement.but no any court self without suit not give his order.

Prem (Manager)     16 June 2011

She has got the house transferred to her name after taking NOC from both of us long time back.

Prem (Manager)     21 June 2011

The house is not yet registered on my mother's name. But the mutation process is over and she has got a letter from DDA confirming that the house is in her name. She now needs to register it under her name.

 

How would the scenario change in this situation? Please advice.

Adv. Chandrasekhar (Advocate)     21 June 2011

mutation is not equivalent to registration.  At the time of registration, registrar demands for relinquishment deeds from all  the legal heirs, who are entitled to succeed the property.  If it is DDA property, check the DDA web-site, they gave clear details that how property is transferred and registered and also placed the proformae prescribed for this purpose.


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