We are one married sister (myself) and two married brothers 1. Father owned a house and passed away 4 year back 2. The house is still in the name of father and he had not done any will before death 3. Widow mother had bilateral pelvic fracture two year back and both brother living in hometown had not taken any care of bedridden mother at hometown and she became fataly sick. 4. After rescuing her from illment from hospital ICU, I had taken her with me at my husbands city and now she is perfectly well except being handicapped due to fracture. 5. my mother is 85 years old and now she is really annoyed with both brothers and want to handover the home in my hometown to me only. but my one of the brother is still living on that house. 6. Please guide legal method to let her transfer the house on my name so that my brother should not raise any legal claim on the house. 7. Also she want his son to vacate the house because they are not taking any care of her. 8. My Late father was a government employee and my mother is getting pension after his dsmises. 9. The house is still in the name of my father
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
On father demise your mother had one fourth share in property
2) your mother cannot bequeath the whole house in your name
3) she can at most bequeath her one fourth share in house to you bywillor execute gift deed for her share in property in your name during her lifetime
It's better she takes help of senior citizens Act and vavate him out of the house. She can execute a gift deed in your favor for transefering the flat
Dear Client,
Property is self acquired by father and after his death, it will inherit by 1/4th in each. Your mother can give her share to you but not absolute property. Ask her to execute WILL in your favor.
She along with you can claim possession of half share in property.
1. Since your father was the sole owner of the house on his death his property devolved upon his 4 legal heirs in equal share.
2. Now Your mother having 1/4th undivided share in the house can transfer her share in your favour by way of gift deed.
3. Since your brothers have also 1/4th shares each , you or your mother can not evict them .
4. Your mother in the alternative can file a suit for maintenance from one of her sons.
Dear Client,
The property will be transfered in to name of your mother, you and your brothers. Your mother may transfer her own share to you by a will or by transfer deed.
According to the Hindu law if there is a will of deceased husband, property will distribute accordingly to the will. But if there is not a will then according to Hindu Law, widow, daughter and Son have right to get property according to Hindu Law.
Without consent of your brothers property cannot transfer on your name. But your mother can transfer her share in your namename through gift deed or by will.
Dear Sir,
Your mother has no right over the property, she is getting one share from that property.
After the death of your father it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Hindu Succession Act, 1956 [Section 8]
HEIRS IN CLASS I AND CLASS II CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Papers of house are with the elder brother (who is living in the house) and he is refusing for equal partition of property. Also upon asking he is saying that the documents are not available or missing We do not have the copy of the documents too. How to obtain document and how can we legally impose a legal compulsion on him for the equal partition among myself, two brother and poor helpless mother as per the suggestion made by you
You can get certify copy of documents from sub registrar office. And have to file partition suit to claim your share and mother share. In suit, court will summon property docs.
Apply for and obtain certified copy of sale deed from sub registrar office
file suit for partition for division of property by metes and bounds
When all the party in interest of the property agreed then it easy to parition by way of parition deed.but when any among the interested party non agree the file a suit for parition in a civil court where the land is sitiated and u get the poper relief.
The house property in your father's name, upon his intestate death shall devolve equally on all his legal heirs i.e., you, your siblings and your mother.
Your mother cannot transfer the entire property to your name, she can transfer only her share in the property to our name by executing a registered release deed relinquishing her rights in the property to you.
Law will not consider sentimental issues.
You can file a partition suit seeking partition of property into four equal parts by metes and bounds and to give one such share with separate possession of your legitimate share in the property.
You can get the certified copy of the registered title document from the registrar's office.
You can file the case and court will direct them to produce the documents
Dear madam
The house cannot be transferred to you by your mother as it was your father property but it can be equally divided into four part between your brothers you and your mother.
Also she can claim maintenance from both your brothers under Criminal procedure code which provide maintenance to parents who can't maintain themselves.
Petition for maintenance under section 125 of CrPC and they have to give her maintenance of they doesn't provide her maintenance their property can be attached by court in execution.
But you have to be tough towards your brother.
