Mother remarried and sold fathers property and made house on her name
rajaniji
(Querist) 08 January 2014
This query is : Resolved
Dear sir / madam,
My father died when I was three years old.ie in 1979. When I got married in 1998 still my mother claimed to be widow .but now I got one marriage certificate which showed she had married to one idiot back in 1985. Who was married that time to someone else and was her colleague . I m afraid that my mother was helped by her to sold of all properties of my deceased father and now along with that person my mother is residing in that house which she claimed to of her own income.my brother is also supporting this cause assuming that all the property will be his after them.i also think my mother might also have made will in favour of him and dumped me alone....how can I claim share in my fathers property and fight back with this conspiracy....please help
Isaac Gabriel
(Expert) 09 January 2014
Your share on your father's property cannot be denied.Consult a lawyer to sort out your share in the properties.
Dr J C Vashista
(Expert) 09 January 2014
Whether the property was inherited or self acquired by your deceased father?
Give full particulars/informations of the case
malipeddi jaggarao
(Expert) 09 January 2014
Even it is self-acquired property of the father, as he deceased intestate, the daughter has her right for share in the property.
"now I got one marriage certificate which showed she had married to one idiot back in 1985."
As regards your share in the property whether she is married or not will no way affect your right.
Rajendra K Goyal
(Expert) 09 January 2014
You have share in the property of your father which is not effected due to the re-marriage of your mother. Main factor is to prove that the particular property belonged to your father.
If the property has been sold out it would not be easy to claim as third party interest has also been created. Probably you were minor at the time. The new house purchased is in the name of your mother and it would be difficult to prove that this was purchased from the sale proceeds of house of your father which included your share also. The present house(In the name of your mother) would be treated as her self acquired property and she has got all rights to gift, sale, mortgage or will in the name of any one as per her wish.
contact a local lawyer and show him all the documents.
ajay sethi
(Expert) 09 January 2014
did you father leave any will ?
rajaniji
(Querist) 11 January 2014
Goyal sir,your findings are very much true..but how to deal with such conspiracy .please advice
Dr J C Vashista
(Expert) 11 January 2014
Although the query is vague, yet I endorse the advise of Sh. Rajendra K Goyal assuming the house(In the name of your mother) is self acquired property and she has got all rights to gift, sale, mortgage or will in the name of any one as per her wish.
T. Kalaiselvan, Advocate
(Expert) 12 January 2014
As rightly opined by experts, whether your married another person or not, it is immaterial to your rights and interest in the legitimate share of your father's property. You should know what happened to your father's property, investigate the issue by obtaining an encumbrance certificate through concerned registrar office, issue legal notice to claim partition and separate possession of our father's inherited/self acquired properties to your mother and brother, take the help of local lawyer and proceed.
R.V.RAO
(Expert) 21 March 2014
from what you stated,it appeared that your father had a self acquired property.
your mother sold off same and made another house, and claims to have made the same by her income.
The crux of matter is how to prove that "your father's self acquired property was sold long back and another house made out of that".
As said above, due to sale that took place long time back and since a third party interest was already established, it is a tough job now to secure justice to a deserving daughter, who is asking her legitimate share in her father's property.
However you need to approach an experienced advocate who has good exposure to property litigation matters , and he will start with digging the old records in SRO office to trace sale of the old house (your father's) and regn. of new house (your mother's) with the help of the names and addresses of your father and mother .
then starts the legal fight for the daughter's share of father's property. wish you all the best.
prabhakar singh
(Expert) 21 March 2014
Experts have rightly opined.
The thing you need to establish that house sold by your mother was either ancestral or owned exclusively by your father.
If it gets established then you need to establish your father died intestate,that is to say, without will.
On death of your father his estate has according to law has devolved equally upon you,your brother,and your mother 1/3rd each
and in case house left by your father was ancestral,he had only 1/3 in that.
So right of your mother as successor of your father would be either 1/3rd or 1/9th , as the case may be.
A buyer from your mother was duty bound to very about the right and title of your mother.He can not get any thing more,your mother had share in the house sold.
How and from what resource the second house
has been built or acquired is not a question?Rather the question is how a buyer
can justify his due diligence,when he buys a house,from a widow without verifying about existence of other heirs like sons and daughter.He can not be deemed to have bought any thing more than what your mother owned in the house sold.At best in law his sale deed is valid to the extent of share of your mother and you can claim your share
by a suit of partition against the buyer.
Visit a local civil law lawyer with this basic idea in mind.
