Transfer of property from mother to son.

Dineshkumar Gupta (Querist) 05 February 2010 This query is : Resolved
Dear sir,
I am resident of Mumbai at last 29 years. My father have married tiwce & there have one son. After expired of my father he sell the property without given any intimation of my mother.
So my query is that if my mother wants to that exist property transfer on my name.
Because my elder brother who had the son my first mother want to be share in this property.
Please give suiatable advice in this matter & oblige.
Thankig you,

your faithfully,
Dinesh Gupta

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B K Raghavendra Rao (Expert) 05 February 2010
Your question is confusing. Please express yourself clearly. After your father expired, who sold the property?

I understand this way: Your father married twice and of each he begot one son. Your mother and your step-mother are alive. Your father died without making a will and your step-brother sold the property. Am I correct.

When you say property, I think it is immovable property. Based on my understanding as stated above, I offer my opinion as follows:

The immovable property of your father is to be shared in equal proportions among the following:

First wife (if her marriage with your father is valid)
Two sons (mutually step-brothers)
Please note that the second wife does not get any share.

You will have to file a suit in jurisdictional civil court for partition of the property and declaring the sale deed executed by your step-brother as not valid.

Guest (Expert) 05 February 2010
i am totally agreed with my learned friend Mr.Raghvendra Rao.

Yamalapalli Haribob (Expert) 05 February 2010
Iam agreeing with mr.RAO' SIR.

adv. rajeev ( rajoo ) (Expert) 14 February 2010
first wife, your self and your brother will get equal share in the properties of the your father. You have said that propety is already sold then how come your mother transfer the property in your name.
File a civil suit for 1/3rd share. You will get 1/3rd share and at the time of argument you can say the property sold by your brother can be adjusted to his share.

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