Regarding mother property
rajesh m v
(Querist) 21 January 2015
This query is : Resolved
dear sir, my name is rajesh currently living in bangalore. My mother was expire in 2013.
my mother father had two wives .one is my grandma passed away my mother is only one daughter for her .second wife have 2 daughters and 1 son she is still alive.my grand father was went to somewhere we don't where is he.now my grandpa property shifted to second wife son name due to some forgery signature of all and misuse the stamp papers in the year 2011,but now we come to know about this. Now my mother died due to heart attack. pls give me suggestions how can i get my mothers property,can i able to get that property? but nobody of them make sign in register office.
Isaac Gabriel
(Expert) 21 January 2015
Both daughters are entitled for equal shares.You have stated that the properties were sidelined by forgery signatures.If it was the case,get cerified copy from the registry and file suit if it could not be amicably resolved.
Anirudh
(Expert) 21 January 2015
You have to file a suit for partition and possession.
Since you are not in possession of the property, you also have to pay Court fee (this will be quite considerable depending upon the value of the property).
You have to approach a local lawyer, who is well versed in property law / family law, he will guide you further.
Guest
(Expert) 21 January 2015
Well Advised by Senior Expert Mr.Isaac Gabriel
Rajendra K Goyal
(Expert) 21 January 2015
Agree with the advise of expert Anirudh.
If you have proofs of forgery, lodge FIR or direct complaint u/s 156 Cr PC.
ajay sethi
(Expert) 21 January 2015
agree with Mr Anirudh
Kumar Doab
(Expert) 21 January 2015
Various questions would be involved in such matter hence it shall be better if you proceed thru a local lawyer well versed with state laws,revenue,property matters....
T. Kalaiselvan, Advocate
(Expert) 24 January 2015
This involves various questions of law, for example, whether your grandmother was first wife ?, If not your mother's entitlement for a share is restricted to your grandfather's self acquired property alone, whether the property was his self acquired of ancestral in nature?, what is the forgery alleged to have been done, many more. It is always better to consult a local lawyer with all related papers and details and get a proper advise based on the facts.
