Father property
Monika
(Querist) 21 July 2015
This query is : Resolved
MY FATHER EXPIRED ON 2012 ,HE HAVE OWN EARN HOUSE ,WE ARE TWO SISTER BOTH ARE MARRIED
I HAVE DISPUTE WITH MY YOUNGER SISTER AND MY MOTHER INFLUENCE WITH HER
NOW MY FINANCIAL POSITION IS WEAK DUE TO MY HUSBAND NOT IN SERVICE AND MY YOUNGER SISTER INTERNATIONALLY CONVINCE MY MOTHER TO GO TO ABROAD
NOW HOW I CAN SHIFT IN MY FATHER HOUSE OR FURTHER WHAT I CAN DO
Monika
(Querist) 21 July 2015
HOW I CAN GET IT MY SHARE AS SHE ALREADY TOLD ME TO DESTROY ME UP-TO EXTEND
AND ALSO MOTHER ARE UNEDUCATED AND AFTER FATHER DEATH SHE FAVOUR MY MOTHER AND ALL FDR BELONGS TO MY FATHER AND MOTHER JOINT ,I AM NOMINEE IN HALF ,BUT AFTER MY MOTHER GOING IN ABROAD SHE CAN WITHDRAW ONLINE AND THEN WHAT I CAN DO AS I DON'T KNOW HER ADDRESS OR LEGALLY HOW I CAN BOUND HER
Anirudh
(Expert) 21 July 2015
You have to go and meet a lawyer well versed in property matters, and take action as advised by him, without wasting any further time.
Monika
(Querist) 21 July 2015
PLEASE SHARE ME COURSE OF ACTION AS I LIVE IN GHAZIABAD AND MY FATHER HOUSE IN DEHRADUN,BECAUSE MOST OF LAW EXPERT ADVICE ME ,YOU HAVE 1/3 SHARE BUT STILL YOUR MOTHER LIVE IN THAT HOUSE AS PER NEW AMENDED 23 SECTION ,I CAN NOT LIVE IN THAT HOUSE,PLEASE HELP
Advocate Kappil Cchandna
(Expert) 21 July 2015
Mam,
First step is to take the legal heir certificate and get the FDR's and other bank deposits in your name as soon as possible.
Second regarding the property thing, you have 1/3 share in the property and I suggest you to seek partition of the property and take your share, before your mother dispose of or otherwise deal with the property.
Warm Regards
Kapil Chandna Advocate
9899011450
M/s. Y-not legal services
(Expert) 21 July 2015
well advised by experts., even though first you have to clear one thing.
whether your father made any arrangement (like gift, WILL or anything else) regarding his property or not.
if anything happened in his life time mean you can do nothing.
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
M/s. Y-not legal services
(Expert) 21 July 2015
so first get your encumbrance certificate for the property from concern register office.
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
Rajendra K Goyal
(Expert) 22 July 2015
You have share in the property, ask for partition and if possible relief to start using your share in the property till decision.
Consult local lawyer and proceed.
Get a stay from court restraining Banks for not releasing any deposit of your father as you have share in it.
T. Kalaiselvan, Advocate
(Expert) 25 July 2015
In your father's intestate property you are entitled to 1/3rd share in it along with other two namely, your mother and another sister.
If the property situate in Dehradun, you have to file a partition suit at Dehradun only and not at Ghaziabad.
You should inform your mother that since this is your father's self acquired property, you have 1/3rd share in it hence instead of approaching court for partition ,you all can settle the issues amicably, if she or the other sister are not inclined to the proposal, you have no other choice than to approach court for partition and separate possession of your share.
Consult a lawyer and take wise decision.
