Joint property issues
Kan
(Querist) 03 May 2013
This query is : Resolved
Dear sir/Madam,
Hello! I have a Joint property owned along with my mother. This was inherited from my father through his will.
Since, we both had issues, my mother and elder brother filed a case at lower court and got a verdict as 50:50 share in whole property, although She enjoys half shares and rents until now.
Since she was over 85 and I was 43 with kids. I filed a case in higher court and brought a stay on verdict of lower court.
Recently she expired. She enjoyed half share and rents until she lived. Now,I want to know, can I be owner of whole property now...or my other siblings can fight for mother share. They also acquired property from father in his will.....so,what is fate of my joint property which was under mother's control till date?? pls reply
ajay sethi
(Expert) 03 May 2013
did your mother leave behind any will ? if she died intestate her 50%share would be divided equally between you and your brother
Kan
(Querist) 03 May 2013
Sir, thanks for the information. I appreciate your help. I just wanna add some additional information, i..e the partition of property has not taken place. As the case is under subjudice at higher court.... She died in the process without acquisition of any seperate asstes from joint estate. Pls let me know, if you can add any valuable advice. Unless any thing to add, I will take your previous answer as appropriate one..
Thanks again...sir..
Advocate Ravinder
(Expert) 03 May 2013
Even though your mother died, the case in the higher court will continue and all the legal heirs of your mother will be added as the defendants in the lower court and as respondents in the higher court. You have to thing about your own 50% only. The other 50% belongs to all the legal heirs (including yourself). My advise is to drop your case, because there are least chances of winning.
Kan
(Querist) 09 May 2013
Latest update:
Hello experts!! I appreciate your help
News is, we have come to know that, sibling has made the mother to write a will in the year 2000, even before filing a case on her behalf.They have kept it hidden all these days. ironically, he made her to write whole 50% share on his name. Although its ancestral and not self-earned property of mother.( acquired from my father)
1.I just wanna know, can mother write a will completely to one heir, if its not self-earned? especially when she is a widowed illiterate woman.
2.He made her write a will in year 2000, and in 2002 he took POA of her. Is it not conflict of interest??
Morever, he never raised about this will issue at lower court when he was POA.
3. Now, he sends me a notice saying that he would enjoy half rents as mother enjoyed, because he has will written by her.
The whole issue is so pre-planned and conspired. Please let me know, if our law permits any grounds to fight from my side or should I feel betrayed and give it up??
I thank you all experts again!!
ajay sethi
(Expert) 09 May 2013
you had stated that your father had by will bequeathed his property to your mother and you . as such you were 50%^owners each in property . your mother can by will bequeath her 50%^share absolutely to your brother .
it is better you contact a local lawyer
Advocate Ravinder
(Expert) 09 May 2013
It seems they have created a will on blank signed papers putting prior date. Infact, even the will is not registered it is valid. But unregistered must be proved beyond doubt.
By this created will they are planning to challenge the case of 50:50 verdict. This is difficult task to them and also to you. My advise is to hire a good experienced lawyer to defend the case. Otherwise, you may lose the case.
Kan
(Querist) 28 May 2013
Dear Expert,
Thanks.....I sincerely appreciate your advice...
ajay sethi
(Expert) 28 May 2013
thanks for your appreciation
Guest
(Expert) 10 December 2014
Well Advised by Experts
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS ONE YEAR OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
