Mother's property
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
Dear Sirs/Madam
I have a property at Bangalore. This property was purely purchased by my mother
by her self earned income from BEL, Bangalore.
I am the only son. I do not have
any sisters or brothers.
My mother expired in 1986 without
writing any will or deed etc.,
In 1989 my father remarried. Through his second wife my father has a daughter.
In 2007 my father also has expired.
My father also has not registered /
made any deed in anybody's favour.
Kindly let me know about the present
devolution of the property.
My father's second wife (widow)and her daughter wants to sell the property
(which was purely purchased by my mother
by her self earned income)and take
50% of the value.
Is it right? Do they have right over
my mother's property.
Also kindly let me know whether
my father's second wife and her daughter can sell my mother's property?
Kindly clarify please.
Thanks and regards,
R.M.Asai Kannan
Bangalore (9952975403)
Anirudh
(Expert) 07 December 2011
Upon the death of your mother, the property will go by way of inheritance amongst her legal heirs.
Her legal heirs are you and your father.
Thus, the property will go 50% each to you and your father.
Since your father died without leaving any will, his share of 50% will go by way of inheritance amongst his legal heirs. His legal heirs are you, your step mother and your half sister. Thus, from your father's 50% share all the three of you will get 1/3rd.
Therefore you will get 50% + 16.66%, your step mother 16.67% and your half sister 16.67%.
Querist :
Anonymous
(Querist) 07 December 2011
I thank you (Advocate Anirudhji)very much for your view on my query. Your view
seems to be reasonable and acceptable
to all.
But please note as they are greedy
people they want more (50%)than their
eligible limit of around 33%
However, you have not stated your view
regarding my query as to whether they
can sell my mother's property without
my knowledge or consent, since I am
stationed at Chennai working here at
chennai.
Anirudh
(Expert) 07 December 2011
Dear Anonymous,
In these days anybody can do anything. Once such a damage is done, then the true owner has to run around the courts to get his legitimate due.
So while legally they cannot sell the property without your consent and signature, yet no one can give a guarantee that the property would not be sold in your absence!
When such is the reality, it would be advisable for you to file a suit for partition. Once a case is pending in the court, then whatever they do will be subject to the outcome of the court decision and even the buyer would be bound by that decision.
Querist :
Anonymous
(Querist) 08 December 2011
Advocate Anirudhji,
I once again thank you very much for your second reply regarding my mother's property.
I fully accept your expert view in my case.
We are living in a period called KALIYUG,
where illegal things and atrocities etc.,
etc.,have become very common.
People desire for others property.
As per your advice I will get in touch
with an Advocate for filing a Partition
Suit, shortly.
In the meantime I request you to please let me know from your view, how much money is required for filing a partition suit.
The present value of the property
is around Rs.60 lakhs (1,200 sq.feet)
(Rs.4,500/- to Rs.5,000/- per sq.feet)
Property is at Bangalore.
Please guide me.
Thanks and Regards,
R.M.Asai Kannan
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