Property dispute..
PIYUSH BANSAL
(Querist) 11 May 2012
This query is : Resolved
case of my friend........
elder brother has become bankrupt and there is one property of his parent which is in the name of his mother. now as her mother has a danger to life so she called the police and now the house is locked by the police under his key.
now can the mother claim her property from the police or whether the creditors have a right on the property of his mother.
olso if the warrant is issued in the name of his elder brother then is there any danger to my friend
pls rply
Shonee Kapoor
(Expert) 11 May 2012
Creditors have no claim to the said property during the life time of the mother.
Also, if the said property is willed by her the creditors would have no claim.
In the instance, the lady dies without a will, the creditors can sue for the half of the property.
Your friend has no worries unless he is a guarator to anyone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 12 May 2012
Only Mother is owner of property.
She can transfer the property by sale, gift,lease,exchange or by WILL to any body of her choice.
Creditors do not have any right to proceed against mother's property for debts advanced
to her elder son.
But if mother dies intestate and property devolution takes place in accordance with succession law of parties,then creditors can proceed to realize from the property to the extent of share elder bankrupt inherits.
PIYUSH BANSAL
(Querist) 12 May 2012
sir the property have been locked under the key of police , so how can she take the property from the police???
as the creditors are not allowing to enter the mother to her property so she had been shifted to their relative house...
what can she do sir
pls rply ???
V R SHROFF
(Expert) 13 May 2012
Mother herself called police saying danger to her life..
PIYUSH BANSAL
(Querist) 15 May 2012
yes mother himself called police....... and wheather any sambandh viched (no relation with my son) will do any purpose??
