Rights of a son on father's house
12-Jul-2023 (In Property Law)
A house was alotted to my father on collectors land in early 1960's in mumbai. He passed away in the year 1965 and my mother in 1982. I left the house for my siblings to reside and moved out with my family in late 1980's. After that they were not in good talking terms with me. Currently i do not have any document proof to prove i was living in that house. Whereas my siblings have made all necessary documents to prove they are living there. Do I legally have rights to get a share even if my siblings are not willing to let me have my share. Do they still need my NOC to sell the house?
You are the son and that fact never changes. You are still a blood related sibling of your siblings, though they arent in good talking terms with you. You have a right in the property. And they requirr your no objection for the same. However if they transfer the said property fraudulently then you will get stuck proving the fact that they did it fraudulently and the same will take time.
Moral: take your situation into serious consideration and get an injunction. Meet a lawyer and discuss and take steps as fast as you can
Moral: take your situation into serious consideration and get an injunction. Meet a lawyer and discuss and take steps as fast as you can
Yes they require NOC to sell that flat if they have not already transferred the ownership of flat in thier name by making application in BMC
Yes you can file an application for your share and can also request court to grant a stay as this is your inherited property.
Yes you can file an application for your share and can also request court to grant a stay as this is your inherited property.
Whether your father was died leaving intestate or have left his WILL behind. As per law all the legal heirs have rights over the properties of his father or ancestors. If your father has made his WILL then the property will be distributed according to the WILL and you need to obtain Probate an if your father has not made any WILL then you have to obtain Letter of Administration from the Court. Hence, you have all the rights to your father's property and they cannot sell flat unless Probate or Letter of Administration is obtained. You can lodge police complaint or file case to allow you to stay in that house.
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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