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Parents not giving me share in the property, what should I do ?


08-Feb-2023 (In Property Law)
Dear Sir, Im 38yr old,married with a daughter living with my parents in kolkata.I have a sister who is also working but stays in bangalore for the last 8 years.Recently me and my parents have a fight over some silly reason after which my mother is asking us to get out of the house as my father has made the property in her name and she can do anything with it.My father and mother are both alive.Im living with my wife and daughter in this house for 10 yrs.I want to know incase my father dies can my mother make us leave the house?Can i get any portion of the house as im living here since my childhood and also contribute economically to the maintenance and daily expenditures of the house?Please help me.I dont have any intention to stay away from my parents.But incase its a threat to my family i have to make plans accordingly.
Answers (3)

Answer #1
971 votes
You will have to inquire into the nature of the property if the property was bought by your Father with his own earned money then, if he transferred the property in your mother's name then you can not claim any share in the said property however, if the property was inherited by your father then, you can file a civil suit for the purpose of claiming your share in the property.
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Answer #2
904 votes
If your father dies intestate ( without having a will) then after his death you alongwith your mother and sister became the owner of the property left by your father. In that case she will not be able to throw you out.

Answer #3
514 votes
it is very unfortunate situation , and rare matter, you may file case under PWDV act against your mother through your wife. or you may consult civil lawyer on ground of law of equity....

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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