Rights of sons in father's jointly held property
anand trivedi
(Querist) 11 February 2014
This query is : Resolved
hi sirs
i just want to know that is there any provision is there in the law for a son to get right in the property jointly held by the father.
now the father had died
there are two brothers both are willing to have right in the property but the mother who is second wife of the father refuses them any right saying the property is solely hers and they (Sons) don't have any right in the property.
the details of the property is as follows its a residential flat on which the father took loan from the bank and and after some emotional blackmail from the mother he also made her joint holder in the loan as well as in the property.
this is the second marriage of the father
until the death all people were living together in the said flat but now the mother refuses the sons to live there stating this is her house and you don't have any right in the flat so you move out some place else.
when sons asked about agreement copy of the flat she refuses to show
and she is also threatening that she will make sexual harassment case on the sons and send them in jail.
please guide
Devajyoti Barman
(Expert) 11 February 2014
Well mother has her own half share and another 1/6th share from other half.
The two brothers have 1/6th share each on the flat.
So mother having no exclusive share in the flat , she can not deprive the sons from exercising their rights over it.
The sons can file suit for partition and injunction to force their entry and right in the flat.
malipeddi jaggarao
(Expert) 12 February 2014
Well advised by expert MR.Barman. The wife will have 50% of her own property + 16.66% total 56.66% share in the property The remaining 43.34% has to be shared equally the sons.
Serve a legal notice immediately for partition and injunction for entry into the flat. Once you serve the legal notice, do not bother about the threats.
Rajendra K Goyal
(Expert) 12 February 2014
Agree mother 2/3 rd share and sons have 1/6th each. Sons can claim their share as advised by the experts.
ajay sethi
(Expert) 12 February 2014
repeated query
T. Kalaiselvan, Advocate
(Expert) 13 February 2014
Besides half share i the property, the step mother is entitled to an equal share in the remaining half of the property along with the other legal heirs of the deceased.
