Rohini 30 July 2016

Community property in madurai

I was promised my parent's home in Madurai and spent alot of money in fixing up the house since my father used to tell my mom that he wouldn't touch the house since it belonged to me. My mom passed away 5 years ago and my older sister moved in with my dad since she lost her house due to her son's education. Last year we found out that he has gifted the house to her with letting me or my other sister know.

Background of Property-My mom was a housewife but she sold her house in Kerla and jewels in order to help my dad through his MD degree. Now he is claiming that he earned everything and my mom had no rights to his property..

1- Does my dad have the right to do this without letting us know?

2- Is there anything that can be done at this point?

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8 Replies

Kumar Doab (FIN) 30 July 2016

Can you establish the contribution by mother and by you?

A smart counsel at your location may opine on some startegy.

Rohini 31 July 2016

I am sure that I can establish the contribution.. Do you know of any lawyers that are specialiezed in Madurai that could assist me with this?

Rohini 31 July 2016

Also i forgot to ask if Christian tamilians have the community property law where if one partner deceases the property goes to spouse and remaining children.

P. Venu (Advocate) 31 July 2016

The first question is, who has tittle to this peoperty - your father or mother or both?

Rohini 31 July 2016

The property is under my fathers name.. He had purchased it with the dowry money and jewels my mom bought gave him.

P. Venu (Advocate) 31 July 2016

Now that your mother is not there, how this could be proved? Every thing depends on this aspect.

Rohini 31 July 2016

Thanks Venu for your prompt response. Are you saying it is a waste of time to go after this and just to accept that my father cheated us? I would like your honest view since i don't want to waste my time on something that don't have receipts. The only proof i could get is to the proof of my mom's property in Trivandrum that was brought into the marriage and maybe get her siblings to give a testimonty as to to the jewels she brought into the marriage. My mom was a housewife but she sold all of her things to put my dad through his MD Degree and to put the downpayment for the property. It is hard for me to belive that he cannot recognize her contribution to this marriage and claim that all is his own doing.. My mom thought that the house was under her name but unfourtunately she wasn't educated enough to know any better that he cheated her as well...I am in the US where everything is community property after marriage and the property goes to spouce and kids.. I am not familiar with the indian property laws...I invested 4 laks in the property since it was in bad shape about 15 years ago thinking it was coming to me, but was suprised when i found out that he had gifted the property to my sister without letting me or my older sister know..