Maid taken over the property
Vivek
(Querist) 19 August 2014
This query is : Resolved
Hi,
My father used to live in Patna in a govt flat. He kept a maid who used to serve him.
When he was very ill i took him to our Saharsa(Hometown) as Dr said there is no hope now. He passed away last year. Now i got to know that he purchased that flat in some govt auction and the maid has transferred the flat in her name. She says she has a WILL which says this flat belongs to her.
My questions are
1. If she really has that will can i claim that flat oe not.
2. If that will also says that the pension should go to her, can she also get pension in her name.
3. Does my mother has right to take the pension?
ROHIT SHARMA
(Expert) 19 August 2014
1. This Will can be challenged. Even her transfer of the property in her name can be challenged. Your mother is the only one who will be eligible for pension and not the maid.
2. You will need to discuss the fats of such issue in length. If you have time and resources then contact this lawyer.
3. To get my contact click the green button near the name of expert (mine) which is shown in the L.H.S. margin of this reply format.
Vivek
(Querist) 19 August 2014
Thank You @Rohit sharma.
ajay sethi
(Expert) 19 August 2014
ask her to produce the will .check whether it is signed by your father in presence of 2 witness es.
the flat cannot be transferred in name of maid without consent of other legal heirs. she cannot get your father pension
Vivek
(Querist) 19 August 2014
Thank you @Ajay sethi. I'll Check if its signed by my father in presence of 2 witnesses,
The paper must have been signed and in front of witness that is why the flat is transferred in her name. Do I have chances to claim it?
Rajendra K Goyal
(Expert) 19 August 2014
You can challenge the will and transfer of flat.
Consult a local lawyer.
She can not have pension and other service related benefits.
Vivek
(Querist) 19 August 2014
Thank you @Rajendra Goyal. This was helpful
