• Can I share in my fathers property.

Dear Sir,
I am 50 years old performed marriages of two daughters.I lost my father who was Government servant when I was 11 years old in the year 1975.  A house allotted to him in prime locality by the Government when he was in service but not registered due to some dues.My mother as a nominee paid the dues from the benefits of my father and got registered the house in her name 1n the year 1978. We are two brothers, my brother is 10 years younger than me. My mother got more love and affection with my brother. After my marriage 1985 I was with my mother and brother for one year and separated due to some problems with my mother and wife.My mother used to draw her family pension and rental income of the property which was sufficient for my brother and mother for survival. I never paid nor received any amount to my mother, as I was surviving my self in a rented house with wife and two female children. One more property Open land allotted to my father was also registered in my mother name.In the year I borrowed Rs.2.00 from bank for my business against the open land document.I was put in loss and forced to dispose the land to clear the liability of the bank. We have received sale consideration of Rs.9.75 lacks less Rs.2.00 lacks to release the document. Out of Rs.7.75 lacks in the year 2006, my mother  and brother spent Rs.2.00 lacks for house repairs,  and Rs,1.00 Lack she purchased Gold for herself.,balance Rs.4.75 there is no account, whenever I demanded she used to shout on me, and made me unpopular in the society.After marriage of my younger brother in the year 2006, we family members has made declaration of assets on my force, in which we family member agreed to share equally among two brothers after her survival the movable and 
immovable assets,and also to collect rent of my portion as I am already paying rent since 20 years.In the declaration of assets Fixed Deposits for Rs.4.00 lacks is in favor of my mother due for maturity in 2011. Without my knowledge she en cashed the FD and gave to my brother, when I questioned her she says that all this is my property you will not get any thing out of it. Now I assume that out the fixed asset they (Brother and Mother) will show liability for the benefit of my brother, my younger brother need more money to maintain high in the society.My mother always focus my brother only among relatives, friends. They will never inform me any issue specially financial matters.Now what I have to do, she is 74 years old lady. my mail id: patnaik64@gmail.com
Asked 4 years ago in Property Law from Hyderabad, Andhra Pradesh
1. Has mutation been applied for the property which was allotted to him in the prime locality by government? This property was allotted by government to your father and not mother. Hence, it could not have been registered by your mother in her favour. After his death you, your mother and brother have an equal share in it. You must be possessing the title documents of this property, on the basis thereof file a case for property division in the court to cull out your share in it. 

2. As regards the second property i.e vacant land allotted to him, it has already been sold by you. Hence, no legal rights subsists with respect to it. 

Consult a lawyer personally by showing him all the requisite documents of the first property.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1)since house was alloted to your father he was absolute owner of said property . your fathe died intestate ie without any will . your mother was nominee and property registration was done in her name . please note that nomiee is only a trustee for all legal heirs . she has only 1/3rd share in property you and your brother have 1/3rd share each . your mother can by no strech of imagination be the absolute owner of the property 

2)since your mother is more biased towards your brother better file suit for partition . it is necessary to go through the various documents citted by you to give a detailed opinion . better contact a local lawyer
Ajay Sethi
Advocate, Mumbai
45751 Answers
2692 Consultations

5.0 on 5.0

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