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Sweta Shah   26 June 2015

Propery dispute with father after death of mother

I have a big problem and seeking help from experts here. Home is in the name of my mother and my mother have bought it and not given by anyone its self earned by mother, she died an year ago and still home is in my mother's name (light bill, municipal taxes are still in the name of my mother) Now we have father and we are two brothers. I want to know who have legal rights on this our home now. Can my father sale house without our signature or permission? What precautions should we brother takes so that my father cannot sale house without informing us (because our father want to kick us out and want to sale and take all money, and we have also invested in making house and we dont have our own house right now too) Please give advice regarding this. thank you Champak lal Note : If you need more information about dispute let us know too.


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 2 Replies

Ezhil Bose (Advocate High Court-Chennai)     26 June 2015

Dear Swetha,

After your mother's demise, not only father , but all the children has the equal share over the property. First please procure a legal heirship certificate and yourself and your brothers can file an injunction in the court, restraining your father from selling the property without the children consent.

 

saravanan s (legal advisor)     26 June 2015

since your mother had died intestate all the legal heirs that includes your father.you and your brother all have equal shares in the mothers intestate property.as advised by adv ezhil first obtain a lhc and then file a suit for partition to claim your share in the property.also obtain a stay against selling or mortaging the property by your dad


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