Mother not allowing son to live n father's house after his death


Sir, My father is no more he died on 28th.Oct.18.We are 2 brother and 5 sister.4 sisters are married and 1 is unmarried.I m the elder son and married having 2 daughter aged 2&7yrs.My mother stopped me to live in my fathers house after 2 yrs.of married live.Then i started living in the rented house,now it has been 5 yrs. as my living in the rented house. Now my mother lives alone in my fathers house.And she is not allowing me to live in my fathers house with my family.She threthens that when i will enter in the house she will call the police and make me arrest.As per my knowledge father is died without making any will.But not so sure. please guide me how i can live in my fathers house with my family.Can i focebly live in my fathers house.

Answers (4)


163 votes

1st you obtained E.C. from sub- register office . From which you will able to known whether your father had made any registered document or not . If the property is in the name of your father then file suit for partition


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343 votes

Dear client,
First you verify your fathers property. If you have not available any documents of property then you apply the certified copies of land /building documents from your local subregister office .Then apply death certificate of your father and Legalheir certificate. After getting those documents you can file a partition suit through the help of an advocate and also as per the advice of the advocate. You didn't try any type of forcefully activities that may be creat problem for you.

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185 votes

Where yr unmarried sister living if mother is staying alone ? File a partition case .your sister married and unmarried r the legal heirs .so yr all properties will be devided by 8 and u will get 1/8th. If yr sisters gift u their portion - u have to talk to them .

101 votes

You have 1/7th share in your father's house as equal as your mother and siblings, but as she is a women and widow mother she has more right to live in that house than you,
To get a share you can file a partition suit in the civil court.

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