My father built a house in Chennai and wrote the property jointly under his name and mine in 1983. Upon his demise in 1990, a few months later, I had quit my home following a feud (regarding my inter caste marriage) with my mother, and have been living on my own money, in a different city since then. Till date, my mother holds possession of the original house's property deed. I have 2 sisters, both married and settled at different cities 200 kms away from Chennai. Since my mother was alone, my cousin brother was taking care of her. In 1998, my 2nd sister got appointed at Chennai and situation made her to stay in Chennai thereby, occupying my house along with her family, to take care of her personal needs and my mother. They have not spent any money towards any construction on that building/plot. I kept silent because my prime concern was my mother's well being and not the property. I have not visited either my mother or them ever since I quit. However I have been receiving regular updates from my cousin who is well regarded in that family. My mother too, at times, communicate to me through my cousin. Now I heard that the House's property deed was taken away from my mother's possession without her consent, by my sister and her husband when my mother was out stationed, 4 months ago. When my mother found out about this, she had claimed for it. Till date they have dodged with different reasons and have not returned it. Now I fear that they might transfer the property in their names by hook or crook. 6 months before, by bribing, my brother in law has obtained his ration card without a gas connection for the existing address, while my mother already holds one. Till date, they still use my mother's gas connection for their family, while my mother cooks her own food. I am in suspicion, and his attempts prove that, taking possession of the house could be his long-term desire. What precautionary measures should I adopt now, to prevent future complications and to safeguard my property?
Your mother should file police complaint against her daughter for stealing the original property documents of the house
2) kindly clarify whether your father left any will or not
3) if father died intestate his 50 per cent share would devolve on your mother , you and your siblings
4) you should return to your parents place and stay with your mother
Mother's permission is essential. If such deed is completeted without mother's will then it's of no use
See firstly on demise of father intestate when there is no will for property the legal heirs of father that is including your sisters you and your mother shall have equal share in father's share of property.
In case there is will by father in favour of mother and you gave up share by registered deed then mother can also file suit to evict them from.house and take permanent injunction against them.
Secondly though the deed were in possession of mother and they without telling took it a police complaint can be filed against them.
1. Taking the title deed would not give any benefit to your sisters.
2. You continue to be its half owner while the rest are co owned by your mother and your sisters.
3. in other words on death of your father your sisters have also share in the property inheriting from half share of your father.
4. This doe snot improve though by taking the original title deed.
5. Now to resolve the dispute make an amicable deed of partition and give their due sahre in the house.
6. You made a mistake by leaving your mother alone and now you can not blame anyone for this situation which is existing today.
7. Go , meet your mother and seek her forgiveness for abandoning her s long.
If this house property was purchased by a registered deed in joint names i.e., on your father and your name, then you have 50% share in the property and also since your father died intestate, as one i
of his legal heirs or successors in interest, you are entitled to 1/4th share out of your father's share in the property. Therefore you can file a partition suit seeking partition and separate possession of your legitimate share in the property and also an injunction against the defendants restraining them from alienating or encumbering the property in any manner till the disposal of suit.
You can obtain a certified copy of the registered deed from the sub registrar's office for filing this suit mentioning that the defendants are holding the original documents which are not given despite several request.
Besides you may issue a public notice in a local newspaper that this property is jointly owned hence anyone trying to sell this property by any fraudulent means will not be binding on you.
50% Property is in your deceased father name and 50% is in your name
Father died without will then all legal heir class 1 get equal share in 50% property..
Your mother should lodge police complaint against them.
Let your mother lodge a police complaint. Publish in local dailies not to deal with the property .
Regards
G.Rajaganapathy
You may file a police complaint that the title deed is missing, and obtain an FIR copy. Then, insert advertisements in local dailies- one English and another vernacular- about loss of title deed and warning against dealing with the title deed and the property.
Dear sir
You can take precautions by lodging an NCR(non cognizable report) in the police station regarding loss of property papers. And giving name of the person on whom you have suspicion who have illegal possession of the papers.
And then ask your mother to transfer her share in the property in your name or the person she have the trust. And you can also ask your sister and brother in law to vacate the house by serving them legal notice if you want to.
