1. My late father had a 2BHK flat in Mira Road in his name & my mother's name. Couple of months ago the property was sold for Rs.54lacs. Myself and my younger sister gave consent to sell the same. We both sisters are married. From the sale proceeds , my mother bought another property for approx Rs.37lacs in Ambarnath near my sister s residence and registered the same jointly in her name and my sister's name without my knowledge . She has not taken my consent. Now I am being told by my mother & sister that I have no share in the property and the balance money. Please advise as to how I can get my share in this property and balance cash.
What were the source of funds for buying property in mother name .?
2) was your mother working
3) on father demise father 50 per cent share would devolve on your mother , you and your sister
4) you are entitled to Rs 9 lakhs being your share in sale proceeds of property
5) file suit to claim your share in sale proceeds
How did you gave the consent for the sale for father's property???
If this was a written consent then the possibility of challenging for your share only arise if you can prove that the consent was not Given by you and the have forged your signatures.
And you can also file criminal case of 420,464,467,468 and 406 IPC for creating extra pressure on them
If the consent was only in words then you can claim the share from the share of your father's property by way of Succession act.
Hi,
Since you gave consent for sale of the property worth Rs. 54 Lac, you may not claim the share in that if it was told by that you relinquish all your rights. If you did not relinquish your rights, you may ask your share from mother/sister and you may file the case for your share.
is your father alive or has he passed away?
I had only given consent to my mother to sell the property and not retain my share of my late father's property. My mother is a house wife . From the proceeds of property sale, I believe I still have right to 50% part of my late father's share of 50% of the entire property sale proceeds. I also strongly believe that from the new property bought by my mother in her own name and my sister's name, I should have 50% share of my mother's 50% share in the new property. Kindly clarify. Thanking you all learned lawyers in advance for your advice .
1) since your mother is housewife with no source of funds property was bought in her name for benefit of joint family
2) filesuit for partition to claim equal share in property bought by mother in joint names with your sister and in sale proceeds
1. your father had 50% share in the Mira Road Property
2. on his demise, his share would go to his legal heirs as per intestate succession, as no Will was left by your father
3. the legal heirs of a Hindu male are his widow, mother and children
4. i assume your paternal grandmother died prior to your father
5. therefore the only legal heirs entitled to claim the 50% share of your father would be your mother, you and your sister
6. thus you had 1/3rd share in the 50% share of your father
7. as the property sold was located within the jurisdiction of Bombay high court, his legal heirs were required to obtain letters of administration from court and have transfer deeds executed and registered in their names so that they would get a clear title to their respective 1/3rd share
8. as the above procedure was not followed, the buyer has not got a clear title, in absence of letter of administration and consequent transfer deeds
9. anyway, now that the property is sold, it is to be seen whether you were made a confirming party to the sale agreement between your mother and sister on one hand and the buyer on other hand?
10. or is there any written confirmation by you wherein you had consented for your 1/3rd share in the property to be sold?
11. if there is no written confirmation recording your consent, then you can always deny that you had ever given any such consent and thus contend that your share was sold by your mother and sister without your knowledge
12. however the only problem would be period of limitation. If your share was sold without your consent, then you were required to take legal steps from the date of registration of the sale agreement with the buyer
13. if that period is crossed, then your mother and sister can always say that your claim is barred by limitation
14. another plea which you can take is that you had given consent only for selling your share but not for appropriating the same by your mother and sister for purchase of a new house by excluding you
15. as they are denying your right in the new house, you can file a declaratory suit in court to claim your share therein to the extent of your share of sale proceeds realised on sale of Mira road flat. In this way the bar of limitation will be taken care of
PS: Kindly excuse for my previous reply as I inadvertently did not notice that you had written 'late father' in your query and hence i asked that question
See you need to file a suit for seeking your share from other and sister you have equal share in the property. Further seek stay on sale of new flat and use of bank accounts.
Since you are there legal heirs to father you shall have 1/3 in 50 percent share that is share of father in the property.
In fathers property you are entitled to claim equal share. File suit for claim share in said property. Try to settle dispute amicably.
you can send them a legal notice and demand your share in the same. If not given you can file a suit for your share in civil court.
If you had given consent to sell the property of your father then only you can claim your share by proving that your mother and sister hve done fraud with you.
And you have the right in your mother's share only if she do write her will before dying.
If she dies interstate that is without writing any will then you can claim equal share as your sister's share.
1. Did you execute a release deed in favour of either your mother or sister? You had consented to the sale of property in which you were a co-sharer, but this did not obligate your mother to make you a co-owner in the flat that she purchased out of the sale proceeds of the sold property.
2. Unless you had executed a release deed to release your share in the flat which was sold, you are free to file a suit for recovery of money to recover your share in the sale proceeds of the sold property.
Since you were a joint seller to the proeprty that belonged to your deceased father, you are entitled to an equal share in the sale consideration amount.
You can file a recovery suit against your mother and sister if they deny your rightful share in it.
You can even ask for a share in the house property that was purchased out of this amount.
You are entitled to 1/3rd share in the sale consideration amount after the sale of the house property that belonged to your deceased father.
It is not 50% but 1/3rd since you three are the legal heirs to your deceased father.
You can fight for your rights legally through court of law.
Consult your advocate and proceed in the right direction to recover your rightful amount.
