• My father died and my step mother had got everything transfered to her name, can we do anything now?

Hy father died 2 years back leaving behind my step mother, me, my sister and a step brother. Our step mother has emotionally played us all and have acquired all the assets on her name and we had given away our rights willingly on this as she had given us in writing that she would distribute everything equally on a piece of paper. She had also given some amount of money in order to proof this that she will distribute equally. But now after everything is transfered on her name she has changed her behaviour and have declared that she is not willing to give anything to me and my sister.

we would like to know if there is anything that we can do, with the piece of paper where she has given her consent that she will distribute equally after getting everything on her name. can we file a case or complaint against her.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Hello,

though that piece of paper will not be a prove. Still you may file a partition suit in the civil court claiming your share in the property.

In the said suit all the legal heirs will be made the party and in the said suit itself you will challenge the transfer also by means of which the property has been transferred in the name of your step mother.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1.it is not sure in which manner you have trasnferrred your sahre in favour of your step mother.

2.Transfer of sahre in immovable proeprty of your father can be done only by way of registered deed of relinquishment and or deed of gift.

3.So if you have not done this then you can claim your undivided 1/4th share in the property of your father by filing a suit for partition.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

1)on your father death you had one fourth share in deceased father property

2)if you have executed gift deed or relinquishment deed then you would not have share in property

3) kindly clarify whether you executed gift deed or relinquishment deed in your step mother favour or not

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

yes lodge an FIR first stating cheating and fraudulent act and moreso, lodge the FIR through speed post the police will be bound to accept and lodge it and file a partition suit alongwith it before civil court, kindly contact for further queries

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi,

Yes go for the shelter of law.

You will get all your rights, as per your description she can be very well prosecuted under section 406IPC for breach of trust and 420 IPC.

file a complaint and contest boldly. All the best.

Thank YOu

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your query cannot be answered for want of following facts:

1. What is your age?

2. What is the age of your sister?

3. What is the age of your step brother?

4. What are all the assets in the name of your father?

5. What documents you executed relinquishing your share in favour of your step mother?

6. Whatever given in writing by your step mother is signed by your stem mother or not?

7.How much money she had given you in order prove her honesty?

8. In what form the money is given either cash or by cheque?

9. How everything has been transferred? What documents have been executed in favour of your step mother?

10. When she did all that.

11. You can get your share if you take appropriate steps immediately by giving complete details of the facts to the lawyer you hire.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Dear Client,

By what instrument, transferred your sahre to her,

Well, aforesaid contract transfer deed effected by playing fraud on you siblings. hence assailable in the court of law on the basis writing given by her.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Hi, you can lodge a FIR of cheating against her .. Also file a civil suit for declaration and permanent injuction in court so that she cannot sell the property futher

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If you all were made to relinquish your respective shares in the property belonging to your father, on account of fraud and misrepresentation of your step mother, you may challenge the said relinquishment.

Fraud vitiates even the most solemn acts and hence, you all may now approach the COurt seeking your respective shares.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Immediately file case of cheating and for partition of the property. U will certainly get ur part

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Respected sir..

first of all it is a game which was played even by kings throughout the centuries ...you can do anything with that peace of paper ...first of all tell me who wrote that latter and who signed it ??

if the latter is written by her you can easily get your assets and if there is only her sign it may be difficult to prove it...you have to make your mind clear and the file a case aginst her . under section 406 of IPC in criminal as well as you can file a civil suit against her to claim your property ...but first file a criminal case that will help you in your civil suit ...and collect all such evidence which in in your favour she as firstly talk to her in a polite manner and talk in a way that she will reveal all the facts on that phone call ..that mmy aap us time p sign krva liye ab ap mna kr rhye ho hum bhi apke bache he plz humara bhi socho ase to hum mar jyenge...do all such things in a police manner and try it she will reveal every things in your 2 or 3 attempts ... and make it recorded it will be the biggest proff which will help you throughout the case...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Yes, definitely. The paper will be very useful. Even without paper also, you can claim your right by filing partition suit before the civil court. In case your father married your step mother while your real mother is alive, then she will not get even a single pie. Pl clarify that whether your father married your step mother while your mother is alive or after the death of your real mother.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

You can file the petition for cancellation of transfer deed on the ground of fraud.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If you have relinquished your rights in the property by executing a registered release deed on the assurance of any consideration and the same has not been fulfilled or not complied by the beneficiary then within three years of such transfer, you may approach the concerned court for seeking cancellation of the swaid registered transfer of property rights.

The piece of paper by which she has consented to give you your share can be brought as evidence before court and she can be enquired about it during evidence deposition during trial proceedings and establish your case.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

As mentioned by you this a fit case for partition, please appoint a Lawyer and file a case for partition for 4/1th share in all the properties.

if any person dies intestate all the legal heirs of the deceased have equal rights to inherit the estate owned by the deceased.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

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