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Saif Tauheed   30 July 2022

Property in mother's name. court doing wrong. please shed light

Hello experts. this Is an update to the previous thread I posted 3 months back. I would request you all to kindly shed light on this matter as currently this property is our sole bread and butter and case has gotten quite complex 🙏 

My grandfather(mother's father) was a self made rich man and he has 1 son and 5 daughters.. He used to purchase many properties but a particular Property was purchased by my grandfather(Mother's father) by his self earned money on her daughter's name in 1985 because he knew she was suffering financially and he wanted to help her.

She was already married that time ... This property was kept by the grandfather for work. In 2008 grandfather passed away and the son of the grandfather forcefully took possession. Since my mother and her brother had good relation she didn't ask him earlier but because  we were suffering financially and as my father suffered from multiple cancer and heart disease he was unable to work after disease so notice was served to him by my mother. My mother said to him that this property belongs to her after he refused to give.

 Unwillingly His lawyer adviced him to hand over the property to my mother

An unregistered so called family deed settlement was made between my mother(2nd party) and her brother and grandmother (both first party) that mentions property was purchased by grandfather using his own money on my mothers name which is being Inherited by her and she shall have no other claim on any other property on her father's name which was signed by my mother. Both her brother and my mother's mother feared that after taking this property she might try to claim share in other property also so they made this agreement

The registered deed , mutation tax and electric bill all are in my mother's name since 1985... The property was handed over to my mother after signing in 2011 and she is receiving rent from there since then.

This family deed settlement excluded 4 daughters of my grandfather and was only made between my mother and her brother and grandmother

Since 2019 one of my mother's sister somehow got access to the family deed settlement and has served notice to us demanding share in that property stating that this property was purchased by grandfathers money and she inherited it alone in exclusion to other siblings which she accepts by signing it and this property has to be distributed amongst all heirs.

We ignored this notice twice as we didnt have much knowledge and we didnt appear

We came to know that judge has passed status quo order and injunction ..

we were informed by my mother's brother that they are going for reciever  or distribution for that factory through court

 The siblings lawyer says as the property was purchased by grandfather with his own money and my mother inherited it she and all other siblings should get equal share of that particular property.

We hired a lawyer recently  and he filed for a petition stating that this deed of family settlement is null and void as it is unregistered and only between two parties and it has excluded all other siblings and my mother is the absolute owner of this property and it's her personal property.. I am being told by my mother's sibling that this property will get distributed amongst them at any cost. 

We are very worried . Kindly shed light on this matter.



Learning

 3 Replies

Shashi Dhara   30 July 2022

Your mother is absolute owner and she has right over it and can dispose according to her wishes , follow your advocate.

 

Saif Tauheed   31 July 2022

But how come the court is passing injunction order on someone's personal property?

Shashi Dhara   31 July 2022

You have to defend in court it is wrong .


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