• Mother and sister are don't want any relation with me and fully dependent on a driver

I m Vivek from Lucknow. There are four members in my family mother sister my wife including me. My father died last year due to colon cancer due to his condition my marriage held just few months before his death. My mother n sister took all the control of money n property cheques atms all necessary papers before my father's death. We have a driver because I m working in other city from last 5 years he help my family. My wife is living with me. Things become worse when my father was in last stage ..my driver perverted my mom n sister against me. Me father didn't do any will. Now my mom n sister dnt want any relation with my they got all pension funds lic claims n all papers of properties bank balance etc. My father had ancestral land on highways and a house in Lucknow and a plot. I am afraid my mom n sisters will give nothing to me and driver has eyes on my property he even beat me one day when I went my home . My maternal n paternal members doing nothing they said they have no concern this issue..What will I do Sir please help. I am simple n calm person a banker
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Hello sir , you do have a right in all the movable and immovable assets of your father .. It is advisable to file a civil suit for permanent injuction and obtain a stay order restraining your sister and mother from disposing off the property ..

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

1) You first get registered your name on all property papers including ancestral property. You have to apply in the registrar office for land property in land records all legal heirs name.

2) Get you name on BANK and LIC policy as well by applying in the court for succession and legal heirs certificate. Get your name registered on all movable and immovable property so your mother and sister could not sale the property.

3) For further guidance do give me call via consultation call.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Sir, fir of all file a FIR against the driver for beating you.

Secondly File a for Succession cetificate on all the property of father, along with seek interim stay on disposition of amount in bank cash movable items and transfer of property.

The civil court shall grant you your rights nobody can take your share.

also the bank doesn't disburse funds to the single legal heirs consent of all is required. Just inform the bank of death of your father and block all atm cards give them the death certificate.

Also do not worry without consent of all heirs or Succession certificate no funds can be disbursed pension or any balance further even if bank do so they take indemnity bonds so same can be recovered.

Also get the records of ancestral property and apply for mutation

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) since your father died intestate you have been be third share in his property . Issue legal notice to mother and sister to claim your one third share

2) if they refuse file suit for partition for division of property by metes and bounds

3) seek injunction restraining mother and sister from selling the property

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Contact local civil lawyer in Lucknow

2) since property is situated in Lucknow suit ought to be filed in Lucknow

3) number of lawyers on this website from Lucknow

4) contact any of them

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Hi, you have to engage a civil lawyer in Lucknow .. Your presence will not be required for hearings as it is a civil case .. For further doubts you can contact me in person ..

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

1) You can't apply online however you have to apply physically personally visit to two days off and get this work done as soon as possible.

Salary won't fullfill all your property needs.

2) It will take to register only 10 days maximum first get registered your name and hire good lawyer from Lucknow city.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Sir you can give a legal notice from gorakhpur but need a lawyer to file case in lucknow if they are not mutually ready to share assets.

you can engage a civil lawyer he will help you, you donot need to be present every time but case has to be filed in lucknow where properties are situated.

I have good lawyer friends in lucknow, i can give you some reference if you need and they will guide you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have a 1/3rd share in all the movable and immovable properties left behind by your father.

Thus, you have a 1/3rd share in all the immovable properties left behind by your father, wheresoever they are situated; as well as in the bank balance(s) and other policies that he had left behind.

Contact a local lawyer for more assistance on this.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

As advised, contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hello Mr. Vivek, I am Adv. Harsh Singhal practicing in Supreme Court of India. I understand your problem. There is nothing to worry in this. You have to play very tactically. To get your share in the property is not a big problem that will be done by court but your main problem is that driver. You should register a FIR against the driver that he beat you and gave you warnings to Kill you. By this we can file a criminal case against the driver so that he won't be able interfere in your family matter. On the other hand we will also file a suit for partition. See when your father died intestate i.e. without any Will than the law says that the property will be divided into equal shares in between the existing legal heirs of the deceased. So in your case the property will be divided in three shares i.e. one of your mother, one of your sister and one is of yours.

For further details you please contact me on [deleted]

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

DEAR SIR,

By birth no body have no knowledge. We must either learn or borrow or hire. Hire a very good senior civil lawyer and sign vakalat and he will look after your court cases. First ask him to file a suit for partition and freeze all bank accounts. Further restrain them from alienating any property. During the course you will come to know about the law. Nothing to bother.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

1. What is the reason for your own people's acting so strangely with you? Try to settle the dispute if any amicably.

2. If things can not be solved amicably, collect details of your late father's movable and immovable properties first and then file a partition suit seeking equal partition of the said properties.

3. For filiing the above partition suit, engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

1. If your late father's properties are situated at Lucknow, then you shall have to file the partition suit at Lucknow by engaging a lawyer practicing at Lucknow Court.

2. Such cases ca not be filed online. You can select your lawyer on line, negotiate with him over phone, he can send you the papers to sign (if he agrees) and return to him for filing.

3. In normal course, you shall have to sign all the papers before your lawyer at Lucknow for filing the suit by him for you.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

Firstly, the property which is not anscestral, you have all right of your share in it as you said there is no will.

Secondly, in regard to the anscestral property there is no criteria of will at all, you surely have your share in it.

Thirdly, with regard to the lic amount etc, if your father didn’t mention any nominee then you would have share in these also.

Fourthly, first please get succession certificate for property plus legal heir certificate for lic etc.

Rest you can consult me through Kanoon for further assistance and for the guidance with regard to the certificates.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

for the immovable properties you can file a partition suit and for the movables i.e., cash and lic claim monies, you may ascertain the details and file a money recovery suit agaisnt them

If the driver indulges in any crimninal activity against your interests, you may lodge a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

You cannot file a partition suit from the place of your choice.

You may have to initiate action only by visiting the place where your properties lie

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

You need to file a civil suit for the title and share in property as the father expired without a will.

In the case you need not to make the driver as party but in case he has manhandled you file a police complaint on him under 323 and 506 of IPC.

Also at the same time you may file a mandamus writ petition in the High Court Lucknow for the orders in this regard to give you access to the house and property.

An advocate from Lucknow may handle the cases in Gorakhpur as well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You have share in the property. File a partition suit and take stay against your mother and sister from selling and creating third party rights in the property. You will get your share.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

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