Tushar Shah 06 March 2019

Property dispute

Can a married daughter force her v. old mother by demanding to write a specific % of the house which the mother(critically ill) lives in with her widowed sick son..in daughter's name ? the property stands in the name of mother by the virtue of letters given by both siblings to the society" having no objection " for the trnsfer from the name of their father(died with out will some 30 years ago) to that of their mother .

What r legal remedies for the daughter to enforce the issue?

What r mother/ sons legal remedies particularly bcz daughter is subjecting them to tremendous mental hardship,cruelty & harassment. Daily threatening them by saying she will call some or the other relative or some member of the society bldg.

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18 Replies

Shashi Dhara 06 March 2019

If. The property is self acquired property of her father then she has 1/3rd right over it .mother or son cannot deny it. No objections to transfer to mother's name is not mere loose of title of daughter share. So let mother daughter son shall come to compromise.she has not relinquished her title over property

Tushar Shah 06 March 2019

Father had inherited the property after the death of his mother. The mother of the father also had inherited the property after the death of her husband..who died with out a will..

Tushar Shah 06 March 2019

What i mean is it is " not a self acquired property by the father.". One can safely say that its an ancestral property.

The moot point is when is she entitled to 1/3 share. "AFTER THE SALE OF THE HOUSE ?" as presently mother & brother live in the house. Can she force her to make a will..? as of now ?
thank u ! Sir !

G.L.N. Prasad (Retired employee.) 06 March 2019

Any act and obtaining any advantage/benefit with coercion and undue influence are voidable contracts. Contact a local advocate and ensure proper registration of will and do not drive the old mother into frustration and misery at this age.

Tushar Shah 06 March 2019

Sir, some learned gentleman ..here said thst if the property was self aquired by the father thsn daughter has 1/3 share..to which i hv rpld that its an Inherited property by the father too as his father died with out a will...

Shashi Dhara 06 March 2019

If It isancestral property he has died before 2005 so son has right over 1/2+1/6mother and daughter have entitled 1/6sharre each.

Tushar Shah 06 March 2019

Thank u..! Yes sir ..he died before 2005... but sir When is this division excercisable ?# as of now mother& brother r living there. # Up on the sale of the property ?

Shashi Dhara 06 March 2019

When daughter demands her share thencause of action arises.or if any one tries to sell it then others can object it or if any one try to occupy entire property then it arises.

Tushar Shah 06 March 2019

Yes ..But here the daughter is demanding that the will be made immediately & she b given 35% share of the property.
# along with all sorts of mental coercion,harassment to mother & brother for the same.

What i wud rqst u to tell me is that when Can she enforce her 1/6share .
Kindly pl guide

Shashi Dhara 06 March 2019

If she files suit for partition incivil court then she is entitled for 1/6th share.

Tushar Shah 06 March 2019

Can not Thank U enough!

But how do i stop this daily harassment as she is currently staying in the house for past 2 months On pretext of ill health of mother...but the main motive is to coerce the mother in to writing a will favouring her with 35% share.
mother is going thru tremendous mental agony.

Shashi Dhara 06 March 2019

As senior citizen she has right to complaint against her to evict her from residence thru concerned authority along with her in laws.it means that she has contacted advocate and as his advice she is forcing her mother to 1/3 share.

Tushar Shah 06 March 2019

But Sir, u mentioned here earlier that as per law she is entitled to 1/6th share..?
also wud this mean that someone is misleading her to ask for 1/3 share?