Advocate Sudha Chandrasekaran

Questions Answered by Advocate Sudha Chandrasekaran

Q: Selling property without children's influence

My mother owns a house. She by herself decided and joint ventured the house for 50%(2flats for mom) 50%(2flats for builder). Without discussing it with four sons(all major). My mother took a loan against single flat from the builder and she couldn't repay the loan amout and decided to sell one flat to the JV builder itself. Again she is trying to do the same with the remaining single flat. I want to stop her doing this unlogical things. How to stop this type of action legally. Kindly give me solution.

Advocate Sudha Chandrasekaran answered
If that house is a self acquired property by your mother, you do not have any rights to stop her selling the remaining flat to JV builder. Even if also it is an ancestral property, if only there is UDS you can ask for your share or can advice her to stop.

Q: Can elder sister ask for house Willed in younger sister's name

My father expired recently. we are two brother's and two sister's, My younger is expired four years ago. and she has one daughter, she is married and settled in US. whether my deceased sister's spouse or her daughter has any legal right to claim. my elder sister wants the house which is willed in my younger sister name. Property details. Independent house with ground and First floor. behind this house Six flats. out of which three is in our GF , FF, SF.

Advocate Sudha Chandrasekaran answered
No. Elder sister cannot claim any right in that house. After the younger sister's death, the ownership/legal rights gets transferred to both, her spouse and as well her daughter. The elder sister can claim the property by way of:1. GPA (General Power of Atorney)2. Settlement Deed.Need some more clarification about the the schedule of property. 1. Whether the whole part of the house are in the name of your younger sister?2. In whose name the 3 flats, which you have mentioned as GF, FF, SF are in?

Q: Father passed away and now i want to transfer property in my name

I am the son from the second wife of my father. Now father passed away and i want to transfer the property in my name. What is the procedure for the same?

Advocate Sudha Chandrasekaran answered
S. Certainly you can transfer the property in your name. But what about your father's 1st wife and their issues. If he/she is a survivor, the property should be equally shared. Moreover, you have to obtain a "Legal Heir Certificate" to prove that you have legal rights to claim your father's property.