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tumma (executive)     21 February 2013

Will validity-title owner has not earned the property.

Respected Sir

I hope there is justice for all and I would seek your advice to help in getting there.

Background-My father has self acquired a piece of res land in Hyd with 2 rooms and however due to my mother (house wife-not earning) force he made that property in her name as matter of faith in relationship. In 2000, my father passed away with NO Will. We 3 children to our parents-2 sisters and me. After my father's death I played a key role in family in getting my both sisters educated, married along with 10-12 lacs of dowry for each and other funds to settle in their lifes-5lacs for their home buying.

Now, after my marriage, my mother felt I am not the same as before and made a Will in name of my both sisters and nothing to me or my wife.

Since the has no single rupee contribution by my mother, can she write such will and derpive me of HSA benefits as legal child to my parents.

Also, can I file a Dowry case against my sister's In-Laws to resolve the Dowry issue as per Dowry Abolition act 1961.

Thanks in advance

Tumma



Learning

 5 Replies

Shashikant V. Patil (Lawyer)     21 February 2013

The property will be inherited by sucsession to all legal heirs.    If the will made by your mother , depriving you , you may challenge the same for your entitle share in the property.  For another question i.e dowry matter, you should have all proofs and necessary evidence to file criminal case.

Advocate Bhartesh goyal (advocate)     21 February 2013

After having been transfered the property in your mother's name ,she became absolute owner of property and she has every right to transfer ,alienate ,bequeath,sale  as per her wish.

Adv k . mahesh (advocate)     21 February 2013

yes i agree with Senior that when your father registered in your mother name she is the sole and abosolute owner of that property and she can give the property to any one as she is alive and in second you also will become liable because acceptance and giving is liable in dowry case 

tumma (executive)     26 February 2013

Thanks and with all due respect, will there not be any rights as legitmate child of parents and being the home head-after fathers death, did my both sis marriages and overall as a legal heir and right to equality don't I have a right on my share of property?

The very reason my mother is doing this is Saas-Baahu ego in her and I am playing a catalyst role to clam down those egos which she is not liking to see. So this is her revenge against me.

I hope justice should be an outcome of all the underlying facts and nature of the case and just not be based on few acts.

Adv k . mahesh (advocate)     07 March 2013

now you can fight for you right on the sahre of the property but going through will take a lot of mental agony so discuss with your mother and let her decide because you had taken the pain after your father and made marriages to your sister with giving gifts to your in laws 

so even your sisters will be at your side in this matter 


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