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Mentally unsound mother lost her and my inheritance in scam
15-Jan-2023 (In Family Law)
Hindu family. Dad died in 2020 without a will. Mom lives in family home - flat registered in Dad's name. Married (seperated) sister and her minor son - both mentally unsound live in flat registered in Mom's name. All three survive on my Mom's Govt pension and also less than half of my Dad's Govt pension. Mom is also not mentally sound anymore, has been duped by fraudsters for more than last four years and have lost all her and my Dad's savings, and even loaned from relatives and the same scammers. She also forced my sister to taken a personal lone against her (sister's) life insurance. Only 2 flats are left. I am (unmarried younger daughter) estranged from family and got to know this after Dad's death and have tried to stop Mom but she trusts these scammers more than me or our relatives. Now she want to sell off her flat to pay her debt to scammers. I am worried that I may inherit those debt. I also don't want them to loose my father's flat - our only asset now.
Your apprehension is genuine and it is very much needed to have the unscrupulous gentry out of the picture. There are certain grounds which I can see in your question itself and one of them is “unsound mind” and that’s beneficial to the case. I’ll suggest you the plan of action.
Helpful?
Its best to file a suit for permanent & mandatory injunction.
Step 1: Secure your interests in the property. This way she won’t be able to sell your share.
Step 2: Seek Partition
Once the property become a suit property the same is subjudice
This way there will be able to block the transfer. Act quickly
Helpful?
Adv. Kunal Sinha
Delhi | 200+ Answers
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You have to file a civil suit in the court under the jurisdiction of the your area where you are living . You can take a stay from the court so it help to save your dad’s flat and you mother can’t sell that flat . After that you’ll get time to think and you can take proper decision regarding your property.
Helpful?
Adv. Himanshu Sharma
Delhi | 50+ Answers
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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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