Denial of entry of married daughter in parental home
saha
(Querist) 10 May 2015
This query is : Resolved
I have two brother and one sister (also married). Elder brother unmarried and next brother (Amit) married staying in parental home owned by father & mother (deceased). I am also married. I used to visit my father but Amit press to leave my father's place and not allowing to stay overnight. Once my father got bed ridden in 2013, Amit took over full control of all FD (jointly with father & unmarried brother) as well as property paper. My father is pensioner and Amit now took grip of pension. Main entrance gate now under 24 hours lock and my entry to parental home denied. Recently started openly threatening that my elder brother entry to parental home after father death will be stopped. He will not be allowed to stay in parental home. Even declaring no property share will be given to me and my elder brother. Even his wife slapped my innocent brother. I am very much worried as my depressed brother may do suicide. The more we are leaving space the more we are cornered. To add, my 3rd brother died in 2001. His widowed wife was taken before court and by paying just 1.5 lakh she was forced to leave her rights. Please advise
SAINATH DEVALLA
(Expert) 10 May 2015
U said parental home owned by father and mother, can U elaborate whether self acquired or ancestral
Rajendra K Goyal
(Expert) 10 May 2015
If mother expired intestate, her share would go to all her legal heirs. If the same is denied. case has to be filed. your father is alive, he can gift / sale his share.
Consult local lawyer and show him the papers.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
These are very common and routines affairs in almost every such household across the country. Until legally entitled share in the property subsists no claim can be made in that regard. You appear more to gain entry in the house and not seemed to be worried about taking care or looking after the ailing father. So what advise do you expect from experts here when you dont have any claim at all, atleast you could have narrated the nature of the property and how it devolves on you. You can consult a local lawyer and initiate suitable legal actions as per his advise, if feasible.