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hrishikesh (manager)     04 July 2013

Famliy property

Hi,

 

My father , mother, Brother and his fly, My fly and my elder sister used to stay together in our house since 1970.

My Father expired in 1985, nominating my mother as heir to the property.

My brother expired in 1999 after which due to non-reconcilable differences with my sister in law we decided to seperate ways and accordingly i bought her share out in 2001.

The sale deed was accordingly exeucted and the due compensation paid to arrive at an amicable settlement

From 2001 to 2012 I used to stay in the House along with my mother, my elder sister and my famliy.

My mother expired in 2012 post which i decided to renovate the house and bought the structure down accordingly with the consent of my eldest sister.

The house now stands demolished reduced to rubble

My sister in law and her children have now sent me a notice claming a stake in the house under the pretext that the sale deed was not executed both ways infornt of the notary and that her children have stake in the grandmother's property due to famliy ancestry.

Please advise what legal recource and options are available

 



Learning

 4 Replies

Anish Thakur 7018812737 (advocate)     05 July 2013

सबसे पहले यह केस टाइम लिमिट के बहार है ,रही बात आपकी बाहें के शेयर की वो अपना हीसा मांग सकती जिसका प्रावधान हिन्दू सक्सेशन अमेंदेमेंट एक्ट २००५ में किया गया है और लडकियों को भी बराबर के हिसा देने का प्रावधान है लेकिन अगर आपका पारिवारिक बटवारा २००५ से पहले हो गया है तो लड़की को हीसा नहीं मिलेगा और वो मांग भी नहीं सकती है ,जहाँ तक बात की जाये लड़की के बचो के तो उनका यहाँ कोई क्लेम नहीं बुनता है ! पूरण मशवरे के लिए कुछ और तथ्यों को जानने की जरुरत है!आप बे झिझक मेरे नंबर पे फ़ोन कर सकते हैं !

2BHelpfull (Other)     05 July 2013

does ur father made a Will regarding the property.

if sale deed is properly executed then ur sister-in -law has no right.

if her children  is minor at time of sale deed and the property is ancestor property then they can claim it ,in that case, if u have mention in the sale deed that children along with her mother has no right in the property as there portion of share is already paid up.then there case becomes weak.

 

without knowing full case i cannot say ,

it is adviseable to appoint the local lawyer .and he will guide u after seeing the document .

Gopal Khandelwal (help)     06 July 2013

The Flat where i am living with my family was purchased by my father .In the year 2000 my father gave a letter to society to transfer his share in my name and my brother name after his death.In 2005 my father passed away ,After death of my father  my  married sisters gave NOC to this effect to society consequently the share were transfeered in my name as well as my brothers name.After eight years my sisters are pressing me hard to sell the flat and give them 1/4th share.My Alcohlic brother who has not been working since 1997  encashed all the FDR of  my father.I & My brother was nominated by father for his Bank account operation .This Alcohlic brother without informing devoured entire amount  and now creating ruckous and is being funded by sisters for Alcohel.Since 1990,I have been paying society maintenance and took care of my father and this alcohlic brother and sufficiently contributed in wedding of Sister.My kids and my wife now taunts me for compelling them to sacrifice for like these people who are disturbing my family peace .I am getting retired next year what is the remedy left for me .

Please help.

Sanjeev Mittal (Manager)     06 July 2013

Dear Experts, Pls. give your valuable comments on the matter:- Our clients sold the residential house & expired after that alive son of the deceased purchased a new house for resident purpose. our clients has 2 son one son expire after marriage, his wife and son of 10 years are resides separately from the very beginning. divorce application can not decide in the life time of son. Now she claiming the partition in the property of deceased clients. Pls. give the remeady to live son to save the property. Thanks Sanjeev Mittal Gwalior 09977107248

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