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Avinash (asst)     15 January 2011

Rights of son who was disown by father...

My father died in 2007, he did not made a will for the house in which my brother and mother are living in delhi. I live in banglore. My brother and mother are calling me to delhi to sign the relingquish dead so that property get transfer to mothers name. I do not have a house to live in bangalore. i need money from my share so that i can buy a new home in bagalore. All of us wants to sell delhi flat. my question is it necessary in order to sell the property i must transfer the property to mothers name then only it can be sold.

 

another point I wish to mention is,  In 2007, due to my addiction to Alcohol my father disown me, and i do not have the copy of the disownment  paper. It got registered also.  honestly speaking he was right , considering the damage i did to his reputation but as you may be aware of alcoholism it is problem lots of people are facing,  I have come out of it. Since my father did not made a will, by default I am also entitled for 1/3 share for our delhi flat. I came to know of this later on. We also have a flat in pune we are planning to sell to a prospective buyer, my mother and brother gave a stamp paper commitment letter to the buyer, with a price and they gave their sign. they did not call me to sign the stamp paper commitment letter along with them. The house in pune is in my mother’s name. My brother is asking the mother to get the pune flat in his name. and he will let go his right for the delhi flat. Please advice.



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 January 2011

In the properties of your father you have got equal share, if your brother and mother are forcing to sign on the relinquish deed then you file a suit for partition and seperate possession of your share.  They may come for the compromise and they may give you money .

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