Immovable property dispute between my mother and my bhabhi
05-Jun-2023 (In Arbitration Law)
I am Nutan. My deceased father had booked a plot in Rohini in 1980 in the name of my brother. My father also owned a self aquired house in north Delhi. Both my father and brother are no more leaving behind my ageing mother, myself, my younger sister, my bhabhi and my two niece both of whom are married now. My father had made a will in favour of my mother before his death. My mother and my bhabhi are living together in this house from the last 36 years but my bhabhi is neither allowing my mother to sell this property nor is she allowing her to carry out any repair/renovation. They both are not pulling along well. My bhabhi is pressurizing my mother for 1/3 rd undivided share in this property through gift deed. DDA wants NOC From my mother for rohini plot but My bhabhi is not persuing this matter any further. What should we do.
Hi. I would require a copy of the will, the sale deed of both the properties, and any subsequent agreement to sale executed for such property to provide you with a legal remedy in this case. On receipt of the same we can assess whether your bhabhi has any legal entitlements to any of the properties.
Query perused. I would advise you to file a Suit for permanent and mandatory injunction thereby restraining your bhabhi to interfere in the peaceful possession of the property and interfering in renovation and sale of the property. So far as plot in your brothers name is concerned your mother has an equal right in the said plot, she can file obtain a legal heir certificate and than file a Suit for partition. For further consultancy and legal services you may contact us.
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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