Advocate Naresh Pradhan

Questions Answered by Advocate Naresh Pradhan

Q: Father wants to sell house on his name. Are we entitled to a share?

We are 4 people in our family my mom dad younger sister and me. My dad wants to get seprated and he wants to sell the house. House agreement is under his name. For example house value is 50 lac he wants to make to share one he will keep with him self and other one for my mom my younger sister and me. So kindly advise as per Indian law there should be only 2 share or he needs to make 4 share one for himself one for my mom and other two for we two sisters

Advocate Naresh Pradhan answered
When father is alive and the said flat is in his name and he has earned it through his own saving he has all right to sell it and dispose the amount as per his choice however his wife and daughter being minor can take protection under domestic violence act 2005

Q: Property transfer to be stopped as brother not giving others share due

Flat in the name of my grandfather , as per his will 3 brothers should get the flat and not the sister ; two brother are no longer alive The alive brother has submitted an indemnity bond and a publication in news paper that he is the only heir and has submitted the same to the society to transfer the flat in his name .. How do the legal heir i.e two wife' of the two deceased brother stop the transfer of flat and ensure that their names are also put in the flat which is getting transferred in the upcoming society AGM .. What case should we file so that all can get equal ownership

Advocate Naresh Pradhan answered
Sir/madam As both legal heirs are no more and if will is executed and property has been transfered in the name of legal heirs after their death their legal heir will step in the shoes of deceased they can stop the transfer of the flat