• Share of property

Dear Sir

I have a flat in Kolkata which is in the name of my father and myself. My father died in 2010 without making any kind of will.

Now my mother who is second wife of my father ( got married in 2007) is demanding that she is the owner of 50% of the property. I have a sister also who is married.

I told my second mother that since my father has not given in writing that his share will be urs, so in that case the 50% of my fathers share will be equally divided among you, me and my sister  but she is not ready to accept this and instead she has asked me not to come to the flat.  I have come to know that she has brought her sisters family to stay with her, not only that some unwanted people are also coming to the flat and sometimes staying back also.

When my father was alive he anticipated all these that's the reason he did not wanted her name to be included in the property.

After my fathers death in 2010 I am paying the maintenance charge of the flat till now.
Please tell me what should I do.
My second mother is not even giving me the original Agreement deed of the flat.
How can I get the Original Deed in my hand.

Hope to hear u soon.
Regards
SANDEEP SENGUPTA
Asked 3 years ago in Property Law from Bhyander , THANE, Maharashtra
First of all the calculation of share you derived is correct. So get the flat mutated in that ratio.  File partition suit against the second wife.  But before doing everything please check what documents she has to prove her status.  If nothing just ignore her all claim and proceed as if your father left behind you and your sister and she was the nurse of your father and now claiming property right.
Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations
4.6 on 5.0
issue legal notice to your second mother for partition of the property . if she does not reply or denies your claim file suit for partition in kolkata . you are correct in saying that on your father death his 50%share in property would be divided among your second mother , you and your sister . in said partition suit you can ask for deposit of original documents in court pending hearing and final disposal of suit .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
your second mother can gift her share to her sister . she can also sell it to her if she so desires .

 as mentioned earlier your mother does not have 50% share in property as claimed by her . contact a local lawyer 

in kolkata . issue her legal notice for partition of property . file suit for partition .

 obtain an injunction restraining your mother from creating any third party rights pending hearing and final disposal of suit
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. You have rightly calculated her share in the flat. Having regard to the fact that your father died without making a disposition in her favour the flat will now have to be divided between all the surviving heirs i.e you, your sister and your father's second wife. Her claim over 50% of the flat is wrong and does not sustain the test of law. 

2. Her sister has no legal right over this property. She may gift her share in the property to her sister. 

3. If she has in her possession the original documents of this property then the warning bells should start ringing for you now as a person holding original deeds of the property can do some misdemeanors and oust another person's right in the property. If that happens then you will be left to wage and fight a long drawn legal battle the result of which will be uncertain. Hence, in order to safeguard your rights you may file a case for property division against her in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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