90+ Lawyers are online 
Property dispute - malafide intention to grab to property
04-Apr-2023 (In Property Law)
My Dad has a self-acquired property, bought in 1992, in Delhi. Dad expired in 2021 and left a will in favor of my mom to be the sole and absolute owner post his death. This property is occupied and used by one of mybrothers since 1992 without paying any money to parents or any of the siblings. He seems to have malafide intentions as he is not either vacating that property or letting anyone else to occupy and use it. Several requests to make a partition in the property as per Mom’s wish, turned down by him. Further he has ration card ( since 2006) and electricity meter in his name at this property/location and also, he is the occupant. nnAll the property papers are in the name of my father. Entire house tax is deposited by my mother very recently with no remaining dues. What is the remedy available to either have the title / mutation of the property transferred to my mother or rest of family members as per the surviving member certificate can take their equal share in the property.
hello client as i can see your issue is purely a matter of forcefull possession in the property by the son of the owner as the property is in your fathees name ans he is no more alive as per his will your mother is while sole owner . so in tjis matter court is the only option through which you can have either get property mutated in your mothers name or get property partition amoung your faimily members tht ia only option you having right now . the partion suit filled in court as per valuation of the property juridiction will be decided .
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
Hello Sir. This is Adv. Shrikant Samantara.
The remedy in your case would be to file a suit for possession and injunction by your mother as she is the present owner of the house on the basis of Will.
Further, If you think your brother would challenge the Will, In that case, appropriate remedy would be to first file a case of Probate of Will in the appropriate Hon’ble Court, thereafter to file a suit for Possession and Injunction.
There are other remedies as well.
Feel free to contact for further queries.
Regards.
The remedy in your case would be to file a suit for possession and injunction by your mother as she is the present owner of the house on the basis of Will.
Further, If you think your brother would challenge the Will, In that case, appropriate remedy would be to first file a case of Probate of Will in the appropriate Hon’ble Court, thereafter to file a suit for Possession and Injunction.
There are other remedies as well.
Feel free to contact for further queries.
Regards.
Helpful?
Adv. Shrikant Samantara
Delhi | 100+ Answers
Chat
As per the WILL your mother is only the owner of the property as of today and not you all siblings!
It’s better you take a proper legal advice in this regard as it’s a vast concept to make you understand and then guide you properly followed by home work to b done !
Plz b in touch
It’s better you take a proper legal advice in this regard as it’s a vast concept to make you understand and then guide you properly followed by home work to b done !
Plz b in touch
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
