Sons right on the property
anand trivedi
(Querist) 28 March 2014
This query is : Resolved
Hi
well my case is that we lived with my father, who got married again once my real mother passed away due to cancer.
now my father baught a flat and took a home loan from bank but he put his new wife's name in the property and no one new that property is on hers name,
now my father paid the loans from his bank account jointly held with her and we myself and my brother also used to give our salary to my father for the exp and rolling of life cycle.
now my father is expired and the step mother is threatening us to leave the house as she intends to give that flat on rent.
one of my relatives had asked my father about flat's ownership at that time he replied it is in the joint name.
but now it seems that we have no legal right for flat as my step mother claims she is the owner and has given us the ultimatum to vacate the house next week.
i myself is a handicapped person i dont know what will i do
please guide about my legal options
my step mother is a divorcee and has very bad attitude towards us. she even refused the money for groceries and vegetables from us and refused to cook food also
please help
R.V.RAO
(Expert) 28 March 2014
pl. ascertain from sro/E.C if the property was in the name of your father or in the joint names of your father AND second mother , or simply in her name alone.
As the property is self acquired property of your father, he is absolute owner and legally right in putting the house in her name or in their joint names.
you or your brother have no rights,claims or interest in the property.
you brothers could have claimed your share of the property had it been an intestate property whee your father left no will, and the property was only in his single name.
Kumar Doab
(Expert) 28 March 2014
Assuming that it is jointly owned property and your father has not left any WILL:
-You shall inherit your share from the share of your father.
-If the property is pledged to bank then bank can ask the legal heir to pay the outstanding loan.
-While the estate is inherited by legal heir the legal are liable to pay the debt to the extent of estate of deceased inherited by them.
ajay sethi
(Expert) 28 March 2014
your step mother is absolute owner of the property . you and your brother have no right in said flat .
malipeddi jaggarao
(Expert) 29 March 2014
1. Ascertain the information as to in whose name the flat is. It is easy. Anybody can help you to obtain Encumbrance Certificate if you give the details of the property.
2. Verify whether it is in the lone name of your father, joint names of father and step mother or single name of step mother.
3. Whether your father left any Will bequeating the property?
4. If no Will is left behind, if the property is in sole of your father, you brothers will also get the share in the property.
5. If no Will is left behind, if the property is in the name of your father and step mother, you brothers are entitled to have share in the 50% of the property.
6. If it is in the name of your step mother alone, you cannot do anything, as it is the self-acquired property of your father and he can purchase the property or transfer the property in anybody's name.
7. Though you have contributed financially for running the home, it will not help in claiming the property in case Point No.4 & 6.
O. Mahalakshmi
(Expert) 29 March 2014
First obtain EC and then ask question again.
To claim right, there should be documentary proof.
But above experts very well said regarding your issue.
Rajendra K Goyal
(Expert) 29 March 2014
Expert malipeddi jaggarao has well advised taking into consideration of each aspect, agree to it.
T. Kalaiselvan, Advocate
(Expert) 29 March 2014
Though I agree with the different of the experts above, I would advise you to contact a local lawyer, apprise him of the situation and seek his opinion considering the prevailing circumstances and proceed as per his advise.
R.V.RAO
(Expert) 30 March 2014
yes. a local lawyer well versed with property matters may be shown the the E.C or documents if you have any and appraise him of the facts of the case. he will proceed professionally in the matter in your best interest.
