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Kiran (Owner)     16 September 2012

My father dont want to give me anything in property

Hello people

We are two sons of our parent. We have equally contributed in the construction of the house which is in the name of my mother. But we have no legal proof that we have contributed as relations were going well untill death of my mother.

After death of my mother (Property is in name of my mother). I guess all property will go in name of my father. My questions are.

1) Do my father need my signature or anything while transferring property to his name?

2) My father do not like me at all and He is telling other relatives that he wont give me anything and give everything to my brother, what are my legal rights?

3) We are living in same house right now father lives at groudn floor , my brother at f irst and i am living at second floor. Can my father throw away me and my 6 years olf from my house?



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 September 2012

The legal heirs of your mother are her husband and her two sons. Your father alone is not her heir. So, all the three have equal shares in the property. Your father cannot oust you from inheriting your 1/3 rd share in the property standing in the name of your mother whether he likes you or not. He cannot throw you out of the house.

Kiran Kumar (Lawyer)     16 September 2012

Rightly advised by Adv. Archana.

rahul (director)     16 September 2012

Considering your mother did not execute any WILL before she died.

if there is no WILL, then your 3 have equal rights i.e 1/3rd to each. your father is not the owner of it.. how can he OUT  you.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 September 2012

Conur with Ld.Archana Ji. 

1 Like

Kiran (Owner)     16 September 2012

Thank you all for the replies, As per my knowledge there is no Will done by my mother.  So My another quesstion is that when My father will transfer property to his name, should he take my signature or not? 

S Jadhav 98336 98330 (Jadhav & Associates)     17 September 2012

Since your father is not the only legal heir to your mother, he will have to obtain the NoC of the other heirs which include yourself so he cannot sell the house without your signature. He also cannot get it transferred in his name without your signature. But you will have to write to the concerned authorities that you have not given any such permission for transfer or sale and ensure that you take action immediately.

S Jadhav


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