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Selvam (Others)     10 April 2012

Christian catholic daughter's property rights

 

My father died without any will and left a property raised by my father from his own income; three brothers as , A,B, C. (Age-wise) and one daughter (myself eldest of all brothers) as D and wife (my mother) as E are legal heirs.

(1) Does Catholic Christians are rule by separate Law or the sams Hindu Succession Rights Act?

The father died 26 years ago; mother (F) has been looked after by all and daughter (myself) being married off (house wife) I used to send money my through my brother to my mother;

One of the brothers, youngest in the family (C) got love marriage before one elder brother was to get married as the latter could not get married because B did not do in his small business well. C thinking B shall get married and if C looked after B using the latter financial weakness with hope of acquiring his share later C with his wife took care of B. Including B and Mother (E) thought C has showing true affection for his welfare as brother and whenever marriage of B was talked about C used to create an image B was useless he could not get married and C had to look after him. having come to know C's malafide intention, I volunteered to help the my brother B get married. Accordingly with the financial help of mine (D), my brother (B) got married. In order to avoid financial help to his brother B at the time of marriage of B, the C pretended to be out of job (Private). Within one year B had to divorce his wife though B has one child wherein the C got immediately made his earlier design of acquiring B's share of property out of the way financially helped B to get divorce and again started helping B and the latter and mother E still felt C was of great and very kind person without realizing C's ulterior motive. The reason: Because of love marriage C's wife has nothing from her side brought to C's family while A and his wife are employed, B married a wife who has sound inherited property, D myself though house wife my husband is placed well hence there is jealousy of C against all. Now after the marriage of B, in Father's two-storey building -- five rooms in ground floor and four rooms in first floor which had two entries – under the pretext of repairing modified the first floor four room with one entry and occupied it irrespective of the fact of resistance from A. The D (myself) whenever visits mother and home there is no place to stay and moreover the interest of looking after E (mother) has dwindled by C while division of property raised first by C and later by me D through legal Notice with 5 equal parts which C objected to that Mother E might give her share to B as B was economically week. Thus the matter of division of property ended. Again after almost 8 eight years legal Notice is sent by D (myself) for division and now C is able to entice Mother now she sides with C. Since Mother has right to do so myself (D) did not disclose C’s ulterior motive to Mother (E). Now mother (E) stays with C and does a lot hard work at the age of 75 of fetching water from hand pump for the last 15 years whenever E stays with C. Recently even after legal notice was served for division again before division within the premised C did boring well irrespective of resistance from A, B and D. Mother (E) is supporting C because she shall be relived from hard labour. Only A and D are together because A had to leave the premises because of quarrel by the C with A.   

(2) Under this situation what D (myself) should do to protect my rights and expose the ulterior motive of C and free B and E?

(3) While mother is alive, is it compulsory property should divided among the five or divided among the four and looking after mother after division of property by rest of four and what if Mother demand her share?

Would u please sir clarify and suggest the way out/



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