Will
DEEPAK DHAMEJA
(Querist) 18 March 2013
This query is : Resolved
MY FATHER WAS DEAD WITHOUT WILL 18 YEARS AGO.
AFTER DEAD MY FATHER LEAVE SOME PROPERTY( MOVEBLE & IMMOVEBLE) WHICH IS STILL HIS NAME & MY MOTHER IS STILL ALIVE.
I HAVE 2 ELDER SISTERS.
THEY FORCING MY MOTHER TO MAKE WILL BUT I DO NOT WANT TO GIVE CONSENT FOR SELLING PROPERTY.
WHETHER MY SISTERS HAS RIGHT TO SALE PROPERTY WITHOUT MY CONSENT BY FORCING MY MOTHER IN THERE FAVOUR.
Sankaranarayanan
(Expert) 18 March 2013
You all have full legal rights. Without your consent they can't. All legal heirs r equal rights on it
Raj Kumar Makkad
(Expert) 18 March 2013
Your sisters are also having the same share individually as you alone have and 1/4th share vests in your mother so none require permission of other one to sale their own share in the property but the possession of any specific place cannot be provided in joint shares. Better you admit the share of your sisters and provide them due respect and negotiate with them to settle the issue amicably.
Devajyoti Barman
(Expert) 18 March 2013
You have undivided 1/4th share in the properties left by your father.
Your mother is free to do whatever she wants with her properties but she can not touch your property.
Adv k . mahesh
(Expert) 19 March 2013
yes as per law you and your sisters have their share in the property
ajay sethi
(Expert) 19 March 2013
agree with experts
V R SHROFF
(Expert) 27 March 2013
You have only 1/4th right
DEEPAK DHAMEJA
(Querist) 27 March 2013
but the only 1 residential property. which is undivided property.. than how can they 3/4 of house without giving my 1/4 share consent in that property..
if movable is assume 10lac. than they can maximum sell 7.50lac (10-2.5) not my 2.5 (1/4th share)
pls suggest for the same
prabhakar singh
(Expert) 27 March 2013
As your father died intestate (without leaving any will)and has been survived by your mother(widow),you(son) and 02 daughters,who all are class I heirs having right to share equally.
Since the house property is a dwelling then if you and your mother are residing therein
then none of it's sharer(any of you 4) can sell it to any stranger.
Otherwise each of you have right to deal freely about your share independently for which no consent of the other is required.
But since the dwelling is still joint and no partition has taken place none of you can sale,gift or exchange or will any specific portion of the house among you or to any stranger.
DEEPAK DHAMEJA
(Querist) 27 March 2013
thanks for the same
but some gold, cash & any other movable property lies with my one of the sister & mother..
what is the legal right & remedy for the same
Sankaranarayanan
(Expert) 27 March 2013
if it is declare in the property list then all can claim the legal right other wise very difficult
ajay sethi
(Expert) 27 March 2013
forget the gold . you are not going to waer gold . let it remain with your mother and sisters . be happy with your share in immoveable property
