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Vihari123#   31 August 2023

My fathers house

I am 50 years age and living with wife and 2 children in house which was in my fathers house made by him.

After my father expired the rooms were divided among we 3 brothers and 1 sister as per his will.  

A year later for taking the government PATTA waiver of right (haq tayag) in my mothers favour was done. After taking the PATTA old arrangement was to be reinstated again vide family settlement.

As time passed i had put money in the part i was living. The reinstatement was evaded many time by my mother and 18 years downline verbal request by mother and brother was made to demolish some of my part and reconstruct as family needs were changing. Though it was putting financial burden on me but still i agreed due to family sake. and did the renovation and living with my family. 

When i started again asking for paper work I see my brothers and sisters are manipulating my mother. Now mother saying that fathers will was not registered and has no value and now she will write a fresh will. She is hiding from me what she will write in the will. I am worried as she is 81 years old and being manipulated by my brothers and sister and due to her evading and stance changing nature. 

I have put so much hard earned money on this house and I have family Also. Below questions are regularly going in my mind. Pls Adv.

1) Can she write some area in my possession to other. How can I avoid 
2) can she disown me from property. How do i avoid it 
3) Can she name my share to my children instead of me. How do i avoid it
4) can she write to sell the house. How to avoid it as i have put so much money out there 
5) Can she write to demolish and distribute the land. How to avoid it as i have put so much money out there 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 September 2023

1. This was your father's property and he had made arrangement to distribute the same to all his four children and his wife through a Will, even though the Will was written by an unregistered document, it is still valid 

Since a portion of property has been allocated to you in the Will, you can very well claim the same and file a suit for partition  asking for division of property as per Will and for separate possession of your share in the property.  Your mother cannot sell or alienate any share belonging to you for any reason, you can file an application seeking to restrain her from doing so in the same partition suit.

2. No she cannot, she has no righrts over the entire property, your property rights cannot be deprived.

3. She cannot do it, your share in the property is your own rightful share in the property.

4. You are repeating the same question in a different manner, see the 1st  answer above 

5. The above answer suits this question too.

 


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