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rekha bhanshali (house wife)     12 August 2013

A married daughter's right to parents property

Respected Lawyer I am married women staying with my husband and children since 1990 and my father family has 6 son and 2 daughter of which one sister is staying abroad and out of 6 brother 3 have expired and 3 brother are staying seperately and one brother wife is staying with my father's family with his 14 years old son.My father is Hemiplegia for more then 10 years and he has sold his factory and some amount invested in Gujrat and few amount kept in interest with one of the builders because my father can not speck and Hemiplegia so my husband has requested to me father to make power of attorney in my brother name to look after all the activies of my father property/ court case/follow up with interest and gradually my brother has acquire all the property in his name OR his wife name OR he must have sold i never intefere in this matter but after that my brother started harassing my mother because now he wants my mother's Flat in his name and my mother's wish is to grant the house to both the daughter has not got any thing of his husband share ( all the brother has got the equal share) from my father. Looking to this situation of my brother behavior my mother has decided that before dieing my wish is that i will this flat to my both the daughter and she wants to make the will. Secondly my brother's are harassing to my mother and saying that to sign the dcouments other wise we will stop giving the expenses and saying that tell your daughter to look after you because my mother is not signing any documents we have clearly given the instruction to my mother that don't sign any dcouments without we see & inform to us that why my brother are rudely behavior with my mother and giving slang to my mother and un necessarily harassing now a days my mother became more sick because of my brother's behavior. Perhaps if my mother dies before my father then who will get this property? can my mother can prepared the will in my both daughter name then there is a problem ? if any body from the family members can take the objection after my mothers make the will and registerd ? please advice can we both daughter's can send the warning Notice/legal notice to my brother for the precaution of my mother's property. in this situation can you guide us how we can take the action against my brother. please guide us


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 8 Replies

Suri.Sravan Kumar (senior)     12 August 2013

if u feel that ur brother is misusing the POA ur father can cancell it and can issue fresh POA . Since it is ur father's self acquired property ur father can only dispose off as per his wish. u can request ur father to prepare WILL  and transfer the right in favour of your mother.pl consukt lawyer to prepare WILL.

rekha bhanshali (house wife)     13 August 2013

Respected  Lawyer

thank you very much for the reply

in my request mail i have said that my father is Hemiplegia for last 15 yeras and he can not speck and he his totalley bed return person.

And this flat is in my mother's  name and her wish is that she wants to give this Flat to both the daughter.

Suposs if my mother can prepared the will and registered in the both daughter's name then my borther can take any action in furture.

can both daughter's can lodge the complain against my brother

please advice

 

 

   

 

Suri.Sravan Kumar (senior)     13 August 2013

 No ur brother will not have any right over the property.

rekha bhanshali (house wife)     14 August 2013

Respected Lawyer

thank you very much for the information

from your reply i come to know that if my mother can prepared the Will and registered then my brother have no right

secondly my brother and bhabhi  is harrasing to my mother  in my absence for the signature  on the  dcouments and my mother is refusing to my brother but can we both the sisters can take any action against my brother's

please advice 

 

   

adv.raghavan (Advocate,9444674980)     15 August 2013

POA is a genuine document for transfer of property, ur father had given to your brother to maintain his properties, what ever sale he has made with that is not valid u can contest those deeds also, with regards to your mother u brother cannot force her to do will in his name, u can contest that will also.

rekha bhanshali (house wife)     19 August 2013

Respected Lawyer

yes sir you are  right, my brother can not sale the property the POA is given to my brother only to maintain his property  not for sale if he has missuses the POA and sale his another property without any concern of the family members then what action can we take, please advice

adv.raghavan (Advocate,9444674980)     19 August 2013

if he has effected any sales, take out a encumberance certificate of that property,and contest all the entries made in the property, file a declaration suit  to call all sales and other entries made in the [property null and void,and he will come to terms. but it involves cost  if u r ready u can take an advocate into confidence in your area and he will do the rest.

rekha bhanshali (house wife)     21 August 2013

respected lawyer the problem is that if i can take any legal action against my brother then he will stop looking to my father & mother because all power in his hand and all the expencess his doing but not from his pockect but from my father investment earning inerest amount from that amount his spending in this case what action i have take against my brother,please advice

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