Hardij (Champu) 17 October 2013

Urgent help required regarding property problem

Hello experts

My mother died an year ago. She was having home with her name. (Still light bill in her name). My father made quarrel with us and take our signature at home on paper which was saying that we have no objection if home transferred to him. As he quarrel lot and broken everything at home, so to make peace at home we have signed it. (But we didnt go to court to sign it).

We are two brothers. We both have 8 years old kids. Now My dad is saying us to quit a house. We have also contributed in house expenses , construction (as we know we dont keep expenses proof in india for that in relations)

I want to know what are the legal option for me and my brother?

If i wont quit the house what will happen to me and my brother?

Property was of my mother;s name only she didnt got from anyone.

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2 Replies

prudhvi (LlM,MSW) 17 October 2013

Sir

There are many things to be looked in. Did you and your brother gave up your rights in registration,does you both resolved any rights like succession rights are absolute rights. If it is not registered declaration to your right than don't worry it will be of no importance.

T. Kalaiselvan, Advocate (Advocate) 18 October 2013

If you both the brothers have not executed a registered Release Deed relinquishing your rights over the property to your father, he has no rights to ask you to vacate the property which is under the joint and constructive possession of all the heirs of your mother who died intestate leaving behind all her children and husband to succeed her estates. Since your father is trying to play games on you with his wicked plans, you can file a partition suit before the court seeking partition and separate possession of your legitimate share in the property.