Urgent advice needed
Harpreeth
(Querist) 02 January 2013
This query is : Resolved
I am a married Hindu female, eldest daughter to my father. My father has expired in 2009 which I have not been informed, since mine was a love marriage. My mother and my youngest brother had absolutely no source of income and were totally dependent on my father's earnings.
Property A: My mother has sold a flat which my father had bought in her name in 2004 in 2010 to a person who knew that my father had 3 daughters and 1 son. The other siblings have signed on the Registered Sale Agreement as consenting witness, and it is also mentioned that my mother has two daughters and one son and my name is not mentioned. I would like to know how to stake a claim. Can i get this agreement cancelled, since the person buying it was also aware that I am alive. Is this criminal or civil case.
Property B: My father and his brothers had set up a factory in Peenya Industrial Area, which measures approx 12000 sqft. After his death, the ROC has not been given his Death Certificate and his shares have been transferred to my mother's name and she has in turn sold it off to the other partner (father's brother). The Chartered accountant had told them that this is illegal but they insisted and went ahead with it. I would like to know how to stake claim and whether this is criminal or civil case. Will the shareholding of 40% go by default to my mother since she claims she is after the death of my father.
Property C: I would like to include his bank a/c savings, cash, Skoda Octavia Car and other sundry items of my father which have also been disposed off. Would the sale of car, etc be civil or criminal case.
Property D: This is the only property that they have left and they are looking to dispose off this property immediately. My father has bought in the name of my mother a site from Basaveshwara Housing Society in CHandra Layout in 1989 and then subsequently in 2006 got a house constructed which is valued at around 1.5 crores. How do i prevent them from selling this and how to stake claim.
Property E: With all the money they have obtained thru these sales, they have bought a flat in Pune and shifted to Pune. They have also set up a company there. My younger brother has bought imported bikes and high end cars with this source of money. SInce these have been bought with sale proceeds can i stake claim to these?
We have tried to talk to them, but they are not willing to listen and have replied that they will not pay us a paise also. They say that the properties are absolute properties of my mother although she had no source of income and everything was purchased using my father's money.
i would like to know if I can file a proper case, whether i have to file individual cases or a combined case for all the properties, what would be the cost involved and how long would this case drag on? NOTE: We have obtained all documents pertaining to property and also documents from ROC regarding company.
We have to get stay order immediately, so we look forward to starting process immediately.
Devajyoti Barman
(Expert) 03 January 2013
To stake your claim for the properties which are still in the hands of your mother and brother you have to file a suit for partition.
You can not claim back property A since your mother was its absolute owner though you can highlight the fact of suppression of your name in the partition suit.
Harpreeth
(Querist) 03 January 2013
When she has no source of income and it is not ancestral and not bought from her own money, how does it become an absolute property. My father has paid for all the assets.
What about Property D then? Is it also her absolute property ?
Property B she claims the shares are hers after husband's death.
ajay sethi
(Expert) 03 January 2013
contact a local lawyer . on your father death your father share in factory B would be inherited by legal heirs including you . if mother has sold it you are netiled to share of the proceeds .
similarly in respect of money lying in bank accounts you have a share .
as far as property D i s concerned your mother is owner of said property . standing in her name .
AAK
(Expert) 03 January 2013
If you can establish your mother & brother has no source of income and your father has purchased/acquired all those properties from his income, in such case you all including you, will inherit these property. They cannot sell it without your consent. You can file civil suit seeking for partition and injunction to not to alienate. you can even include the properties of pune which they have purchased from the sale proceeds of these properties.
If you need furtehr assistance you can contact my friend who is local lawyer Mr.Girish, Advocate -9454530927,Bangalore (refer my name Ajit)
Kishor Mehta
(Expert) 03 January 2013
Sir/s,
With due respect to everybody, I would like to raise a query in the matter about the Property A & D.
Even in the case of the mother not having any income of her own, when the properties are purchased in the name of the mother become gifted properties and can be termed as gifts from a husband to a wife out of natural love and affection and for her future maintenance and well being. Thus she becomes the absolute owner of the properties.
Regards,
Kishor Mehta
Raj Kumar Makkad
(Expert) 03 January 2013
Who so ever is entered as owner in title deed is the only exclusive owner of that property howsoever may be the way to acquire the property. I do endorse the views of the experts on all other issues.
