In mother demise you and father are legal heirs
2) file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of property by your father
House is in name of my late mother. Father wants partition but mom already gave him his share while she was alive(cash). She said father can live here until he is alive he agreed. But he never let her make a will. Mom tried a lot but he persisted, he was very ill and could not fight him. After her death he started pestering for share in the house too. I declined partition quoting mom's words. Now he got remarried within 3 months of her death and is trying to sell off the house to a businessman. Can he do it? I told him to enjoy the cash she gave and continue to live here as I love him and have no issues with that. I told him to leave the property alone but he is being manipulated and pressured by the new woman in his life. He already bought flats in Hyderabad and Kolkata to go and hide after doing this illegal sale. What can I do?
In mother demise you and father are legal heirs
2) file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of property by your father
He alone cannot sale the house though he can sale hua undivided share.
See in case he illegally sale a police complaint can be filed and you can file for cancellation of sale deed.
1. IF:
a) Mother did not execute any WILL,
b) You have no documentary evidence of any money given to Father
THEN
2. "ALL" the residual Legal Heirs of the deceased Mother, shall have EQUAL rights /share in all her properties.
3. A single undivided House (which is presently occupied by you for residence) CANNOT be Partitioned in ANYWAY whatsoever & whichsoever, EVEN by a Court Decree.
4. Father alone CANNOT legally sell the undivided house, while you are in possession. Publish newspapers notices that House is not for sale and no transaction shall be legally valid. Do this thru a local Lawyer. Issue Caveat to local registrar of sub-assurances, not to register the undivided house, since you have claim and you do not wish to Sell.
5. IF all above is not possible, THEN file Civil Suit for declaration of your perpetual possession and claim over such property.
Can he legally sell his undivided share? Also he and mom had a joint account where he was second holder. After her death he changed himself to main holder and took possession of that account which includes lockers and mutual funds and FDs..he made me second holder but I don't get any updates. I suspect he has been siphoning money from that account to buy properties for his new wife and also to build first floor on her existing ground floor. Can he do that? Are not all of mom's possessions to be equally shared? Why is he bent up on breaking up the house only. I have 2 young sons whose future I have to look after. He has no responsibilities other than travelling with his new wife and doing her favours how can all this be right?
1. AN "undivided" property CANNOT be Sold /Purchased (atleast Legally) and would amount to prosecutable offences.
2. For other issues, you would need to file a Civil Court dispute and obtain stay orders, against Father siphoning off funds without your consent /agreement.
Section 14 of Hindu succession act describes what constitutes a woman’s property—both movable and immovable, owned and acquired by her. It does not distinguish between inherited and the self-acquired property. It includes all property obtained through ‘inheritance or devise, or through partition, or in lieu of maintenance or arrears of maintenance, or by gift , whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or by any other manner
1.First of all it is very hard to prove cash transaction and it is considered bad in the eyes of law.
2. Secondly please check the current title of the property in local tehsil or registrar's office.
3. Thirdly he cannot sell the house without your consent because you are her legal heir.
You can always file suit of declaration with mandatory injunction ( Stay application ) to declare your right in the property and stop the sale of the property. Also, In the suit you can always mention about his marriage, his properties and money given to him by your mom but remember court will ask you for all the proofs. written or verbal statements will not be enough.
2) hence advised to obtain stay order restraining father from doing so
3) in mother demise her 50 per share in fixed deposit, investments woukd devolve on you and father equally
3) seek detailed statement from father of money lying in bank accounts, mutual funds etc
Words have no relevance, on her intestate death, he have equal share in property and can sell his share. But till partition not done, buyer has no right to take possession of undivided dwelling house.
Joint ownership dose not give any special right. After mother death, her monies, FD, MD will inherited equally. File objection in bank, FD, MD etc.
Yes he can legally sell his own undivided share you van not stop same.
You can seek partition of the mutual asset by filling suit before the court.
See for this you need to talk to your father.
You file an injunction suit restraining him from selling the house property in which you also have a rightful share.
Even though your mother gave him money during her lifetime since she is reported to have died intestate he is entitled to a share in the property as her legal heir, hence you cannot restrict him to get his share in the property, however you can file a partition suit and can claim your share in the property with separate possession and also file an application seeking to restrain him from alienating the property in any manner till the disposal of the main suit.
Your frustrations do not have any answer in la until and unless you take legal steps to restrain him from proceeding with his intention to grab away the entire properties including the movable assets of your mother.
You can list out all the details of the assets both movable and immovable and then obtain a stay order against him until the same is equally distributed between you both.
You consult an advocate in the local and initiate steps as suggested to safeguard your interests in your mother's wealth.
Ans:- Since, there is no Will made by your mother, you and your father being Class I heirs, are both entitled to the equal share in the property. All your mothers properties, including moveables and immovable proprties are to be equally divided amongst both of you.
1. You can stop him from making sale because you hold equal share in property as legal heir of your mother.
2. You should apply for succession certificate from Court to get equal share from your mother investments.
3. He cannot sell undivided share until the property is transfered on name of legal heirs of your mother.
4. Try that the property doesn't get mutated till his life time.
without consent of legal heir your father cannot sell said property.
if your mother executed any settlement deed then your father cannot claim his share.
No he cant do it you can restrict him by filling injunction. If you have possession then he can't do anything