Family property

Sachin Arora (Querist) 02 October 2016 This query is : Resolved
The summary of my problem is that we have a house in name of my mother where my brother and father are living both of them pushed me out of house years back( Believe me dont consider this as a case of elderly - I was even ready to leave the right on property when my father projected that their business is in loss but now they are doing construction of their office in home( My brother is also CA) and bought new shops and cars- So they bluffed me and projected wrong information) after my mother death. They are into same business and I am a service person. Now they have initiated construction in the room which was allocated to me for their use and also stop talking to me.

Can I fight for my case if yes how should I proceed and under what law and section of rules/regulation my case would be registered.

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Kuummaar AS (Expert) 02 October 2016
Please tell events in chronological order.
Secondly, in whose name the house stands today.

Raj Kumar Makkad (Expert) 02 October 2016
If your mother died intestate then you have also equal share in that property along-with other legal heirs.

You need to file a civil suit for partition and possession as you cannot be deprived off from your share.

Even if new construction is going on, the same shall ultimately prove beneficial for you.

Kumar Doab (Expert) 02 October 2016
It is believed that you are Hindu family.

"I was even ready to leave the right on property "

Have you relinquished your rights by a valid and registered deed?

If NO;you have equal share and can press your rights.

Ms.Usha Kapoor (Expert) 03 October 2016
since the house property stands in your dead mother's name you've equal share in that house. They don't have any legal rights to throw you off the house.

Sachin Arora (Querist) 03 October 2016
Thank you all. I am planning to write them a registered letter for a mutual meeting. If they don't agree than will initiate legal action. I hope all of you would understand that family issues are sensitive and I don't want to hurt any one

Kumar Doab (Expert) 03 October 2016
Yes, family issues are sensitive.

Try to involve elders, neutral persons etc.

There is no match for amicable settlement.

Rajendra K Goyal (Expert) 03 October 2016
Try to have amicable solution. Take help of elders, family friends, relatives.

If not possible file case of partition, you have share in the property.

Guest (Expert) 03 October 2016
Your right cannot be denied.

Guest (Expert) 03 October 2016
You may also send legal notice for unauthorised construction without any settlement or partition deed.

Kumar Doab (Expert) 03 October 2016
You have not replied to:

Have you relinquished your rights by a valid and registered deed?

If NO;you have equal share.

If amicable settlement does not work approach a very able counsel and court under expert guidance of your able counsel.

Rajendra K Goyal (Expert) 08 October 2016
May send legal notice for stopping illegal construction.

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