1) once you have executed GPA you have authorised brother to sell the property
2) you can claim share in sale proceeds as you have one third share in property
3) your children have no share in the said property
Do my daughters have right on my late father's property
My Father had purchased 3 residential plots in bangalore 10 years back in his name. He passed away 6 years back and since 5 years my mother is bedridden is taken care by me and my family. We are only two brothers, and my elder brother is married has no children. He took signature from my mother and myself on GPA for the property of father and now he has sold it and did not give any money to us. I have two daughters aged 17 years and 12 years old. My question is can me or my children can get share of the property since we are only taking care of my mother till now. Will this property sold by my brother is valid, will he or person who brought the property from him will have any problem, if we go legally.
Asked 5 years ago in Property Law
Religion: Christian
12 Answers
Actually we are in huge debt now and we have no money to take care of my children education too, so I had asked my brother to take care of my mother or give us some money to take care, for which he said he will not give since he has to live his life. He is always been like this from the beginning. I am not going for work since mother is bedridden and my wife is working since the time we got married 18 years. We too have the right to live know sir. My brother always shouts like anything and keep me shut my mouth always.
Asked 5 years ago
Dear Cleint,
Father property will distribute by 1/3rd each in mother, you and your brother.
File partition suit and cancellation of sale.
You can claim 1/3rd share of you and 1/3rd of mother in sale consideration.
If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed with consent of siblings.
If the property is ancestral then your daughters can claim share.
file suit to claim your one third share in sale proceeds of the house
2) also your mother can file application before senior citizen tribunal and claim maintenance of Rs 10,000 per month from your brother
Hello,
1) The fact is that if the POA was a registered document, your brother did make a legally binding sale and the person who bought the property will continue have a good title to the property on the strength of the Sale Agreement.
2) As the property was a self-acquired property of the father and in the absence of any Will you and your mother would have equal rights in the property along with your elder brother. As he has alienated the property without giving you any share in the proceeds from the sale, you can take legal stepsto demand your share in the property.
3) As the property is not ancestral, your daughters per say have no rights in the property except through you.Once you demand share in the property from your brother, you also need to move a petition in the court seeking an injunction against further alienation of the property and demand statusquo until the petition is decided
Sir if you have given GPA to brother and for same the brother has sold the property you cannot get the share in the property though you can file for getting your share receipt from the sale of the said property. Further your daughters has no right in the self acquired property of your father.
Sir you can file a civil suit before the court and cheating and breach of trust criminal complaint on your brother that he sold the property on GPA and made no payments of the amount received to you and your mother. So file for recovery of amount of your share from him.
Please check your GPA first before you go ahead for any other complaint in case it is not provided in the GPA that the proceed from the sale will be given to you you might be sitting at losing and otherwise you have all the rights to receive your share from the Sailor property including your mother share who is living with you.
In any case you have to file money suit against your brother to recover your share from the sale proceed from the sale of properties for which you as a Bonafide shareholder. Your mother can also be media is a petitioner and your brothers of the respondent.
At this point of time there is no need to talk about this year of the girls as you are alive
Dear Sir,
After the death of your father, yourself, your brother having equal shares. Mother having only life interest on her share which may allotted to her temporarily and later it will divided between you two brothers. Put a partition case so that he cannot sell other properties and also seek relief of not binding of sale deed executed by him. Engage an experienced lawyer. You need not suffer. Your brother will definitely comes to terms.
1) Here GPA is signed by you and your mother on your elder brother name. So what you make happy to sign this GPA at that you didn't realised that you have two daughters.
2) Now if the property are already sold that is by your wish and your daughter don't have any rights in those property as they are below 18 years old.
Your daughters don't have any rights in the properties that belonged to your father especially during your lifetime.
In fact since you have already given him GPA he has sold the entire property on the basis of GPA which includes your share also.
Therefore you cannot claim your share in the properties at this stage however if your share of sale consideration has not been given to you then you can take legal action for recovery from your brother through court of law.
You can initiate proper legal action as per law.
Recovery of your share of sale consideration amount is your right.
You may consult a local advocate and plan further legal action.