• My married sister forcing my widow mother to give share in her own independent house

My mom lives abroad , she has already given share of property (house in which we all grown up) to all 3 children's after my father died , we all 3 were adult @ that time and later on we sold our property share back to mother legally in court of SDM in our area in 1998, as now my mom she is the registered self owner of the house and in 2017 my mother bedhakhal my sister from family & from all her assets also via our local SDM court procedure. My mother registered her self own property and her all assets in her will in my name (son).

Recently my Sister & her Greedy Family sending legal notice from there family lawyer via whatsapp asking for her share in the property and harassing my mother to sold her house .

my mother she is live in US and resident of US and lives with me now she is not feeling safe to go to india to live there or to dispose her house because of my sister, what we can do to stop approaching my mother and take legal strict action against her and her family to stop approaching or threating her before she comes to india ?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

If its her self acquired property she doesn't have to bother about all this. She can file a police complain if they are Harrasing other than legal notices 

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Engage a local lawyer and reply to legal notice 

 

2) deny all allegations made in legal notice 

 

3) take the plea that it is her self acquired property and daughter has no share in said property 

 

4) your mother should during her lifetime execute gift deed for property in your name 

 

5) in alternative sell the property 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

She can file online complaint  in police website of state where she has property 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

A police complaint should be filed against those people. Moreover, she can always gift her property to you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She can file a poluce complaint when she is in India. Aperson on her behalf can file a complaint but he/she has to be a resident of India and should be present before the authorities for investigation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She can file online but she needs to file a proper complain through lawyer or herself. She can also send the complain by post

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Since this becomes your mother's own and absolute proeprty, your sister do not have any rights in the property.

If she has issued a legal notice demanding any share in it, it has to be replied properly through a lawyer denying her allegations and refusing to accept her demands for any share in the property. . 

Your mother can immediately dispose the proeprty to any prospective buyer or she can execute a registered settlement deed in your favor so that your sister cannot make any claim for a share in it. 

The property bequeathed in your favor by a Will may attract disputes in the future when the Will becomes enforceable through your sister 

Therefore it would be better that your mother better cancels the Will and proceeds with the disposal of the property as suggested above,. 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

There is no necessity to lodge any complaint with the police.

\She has just received a legal notice  hence it becomes her duty to issue a reply notice through her own lawyer denying all the allegations mentioned in the legal notice and also to refuse to allot any share in the property owned by her. 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

- As per law, after the demise of your father intestate , his property would be devolved upon all his legal heirs equally.

- Since, your sister has already got her share in the property , then during the life time of mother she cannot claim any right which is in the name of mother. 

- You can send a reply of her legal notice to her after narrating all the facts in details and instruct her to withdraw the notice send to your mother. 

- Further , if sister is harassing mother , then she can lodge a compliant online as well against her daughter , and even she can file a compliant under the provision of Senior citizen act . 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Dear Client,

                  You can also lodge an FIR through online medium.

S. No.

State

Online Police Complaint/FIR Portal

FAQs

1

New Delhi

https://www.delhipolice.nic.in/

Click Here

2

Uttar Pradesh

https://uppolice.gov.in/

Click Here

3

Haryana

https://haryanapoliceonline.gov.in/Login

Click Here

4

Rajasthan

https://police.rajasthan.gov.in/citizen/login.htm?

Click Here

5

Maharashtra

https://citizen.mahapolice.gov.in/Citizen/MH/index.aspx

Click Here

6

Madhya Pradesh

https://www.mppolice.gov.in/en/complaint-0

Click Here

7

Gujarat

https://gujhome.gujarat.gov.in/portal/webHP

Click Here

8

Tamil Nadu

https://eservices.tnpolice.gov.in/CCTNSNICSDC/Index?6

Click Here

9

Himachal Pradesh

citizenportal.hppolice.gov.in:8080/citizen/login.htm

Click Here

10

Bihar

biharpolice.in/OnLineRegisterComplaint.aspx

Click Here

11

Jharkhand

https://jofs.jhpolice.gov.in/

Click Here

You have to fill up the personal details while filing an FIR. The following options will be there-

  • Enter the complainant's name: Fill the name of the person who wants to lodge the e-FIR
  • Enter the father's/mother's name: Fill the complainant's parents' name
  • Enter the complainant's Address- Enter the full address
  • Enter complainant's mobile number- complainant's working mobile number.
  • Enter complainant's email ID: Email-ID is important because a copy of your e-FIR will be sent to you via email for verification.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11051 Answers
125 Consultations

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