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Family house issue what to do
03-May-2023 (In Family Law)
My father owned a freely acquired house for which he left a Will. As per Will the house has been given to mom for her life interest and after her it shall go to her two children i.e. myself and my younger brother. Last year I had taken the top floor of her 3 storey house on rent and it being in bad condition, put lot of money ( say 10 lacs ) in its renovation. Within 1 month of my moving in, my mother executed a Transfer Deed in my brother’s name in Estate office without any notice to me. I have come to know (through RTI) that this Transfer Deed has been rejected by Estate office as mother has life interest ownership only of the house. I have been paying her rent and she gets rent from 1st floor also. She filed application under Section 21 23 of the Maintenance and Welfare of the Parents and Senior Citizen Act 2007 blames and allegations of harassing or torturing her.She insisting me to sign waive off papers of my any right in the house. Magistrate has ordered in h
if your father has left a WILL you should file probate petition as should acquire a right in property. and if your mother has filed complaint against in DC under parents and welfare act then your should take defence regarding execution of WILL, you absolute right in said property.
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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Its clear from your version that you are the equal owner in the said house and no transfer deed can be executed by your mom against the will of your father. Your ownership equal to 50% shall start only after the expiry of your mother, till then she is protected by Senior Citizen Act 2007. It is your moral duty to take care of your mother and not to harass or torture although you have legal right to get injunction from District Court, restraining your mom fromany unlawful transfer of property . More detailed action can be suggested on meeting against any order u/s 21, 23.
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Adv. Deepak Malhotra
Chandigarh | 100+ Answers
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Yes as per the will of your father you own half a share between you n your brother as a transfer deed being rejected you can easily stay on 3rd floor where you have spent the money on renovation. You have to hire a lawyer to contest a case against you under maintenance and welfare of Parents and senior citizen act. You should also go for stay petition u/o 39 rule 1&2 of CPC act against your mother ..No need to sign up those waive off papers...Try talk to your mother about your priorities....thanks....feel free to call
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Adv. Parminder Singh Jassi
Chandigarh | 25+ Answers
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