Property dispute

padmapriya (Querist) 23 December 2013 This query is : Resolved
My dad passed away without a will 4 months ago. He is survived by his wife and 2 men aged 25 and 28. As per law, all three of us have equal share in the property he has left behind. However, I have recently got to understand that my mother has fallen into a scamster’s trap and a lot of money is being siphoned off without our knowledge. We do not want her to get any property registered in my Mom’s name even jointly also as we foresee our property to be at risk due to this scamster.

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ajay sethi (Expert) 23 December 2013
she has 1/3rd share in property . it would be transferred in name of all 3 legal heirs . you cannot dictate in whose name property is to be transferred . it would be difficult for her to sell her share in property without consent of other legal heirs

padmapriya (Querist) 23 December 2013
Thanks Sir for the reply. If we can prove that money is being sent out, do we stand any scope?

Guest (Expert) 23 December 2013
FIrst you check whether you have obtained any Legal Heir Certificate.There they would have spcifically mentioned for what are all the reasons it had been issued like inheriting the property,jewels.cash,bank accounts etc.If you could prove with solid evidenc that your mother had misappropriated the funds more than the value of her share you could go ahead with proceedings both legal and criminal.Then she herself might come forward for Relinquishment of her share.Consult a good lawyer well versed in Criminal as well as Civil.Also you check whether your father had mentioned only your mother as nominee in Bank accounts.Consult the Advocate with all details.

padmapriya (Querist) 23 December 2013
Thanks sir for the reply we have only her email records stating that she has transferred X amount of money. Can we show this as an evidence

Guest (Expert) 23 December 2013
Consult a Lawyer with all details

Rajendra K Goyal (Expert) 23 December 2013
Your mother has equal share in the property left by your father and her right can not be bye-passed without her consent.

T. Kalaiselvan, Advocate (Expert) 24 December 2013
All of you including your mother have equal shares in the intestate properties left behind by your deceased father, if you apprehend that your mother has fallen trap of some scamster's false and attractive schemes which she fails to understand, you may approach court of law to obtain an injunction restraining your mother from parting away with the movable and immovable properties in which other legal heirs also have equal shares without the consent or knowledge of you all.

padmapriya (Querist) 21 January 2014
Thank you all

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