Legal Question in Real Estate Law in India

My father in law Mr. MAHESH married with LATA, had born eldest a son & then 3 daughters. LATA had died after 1 year of this 4th delivery & thus Mr. MAHESH had remarried with RAMA (younger sister of LATA). Rama born 3 daughters herself also.

Mr. Mahesh purchased a home & registered on his own name, then purchased 2 plots at a time & registered each on name of his wife RAMA & minor son Mr. MANOJ. After some period, he had built also some rooms on 2nd plot & died 8 years ago after married of his 2 daughters. 3rd daughter & the son (MANOJ) married thereafter. After 6 months of marriage, Mr. MANOJ left her widow mother & 3 elder sisters and settled on that 2nd plot saying that �I am not responsible for you ( step mother RAMA & sisters), my mother & father had died already. You are not my mother & sisters.�

He neither looked after his mother/ sisters nor helped financially. So sisters left their education & started teaching in private schools & tuitions.

Few months ago, MANOJ had sold that 2nd plot (constructed), bought another plot by this money, started construction & living also on the other plot that is registered on name of RAMA, without any discussion & information to them. Now he is trying to sell the oldest house also, where his mother & sisters are living. Complete family is puzzled too. Mrs. RAMA & daughters are trying for suicide also, PLEASE GUIDE �

- How can mother & sisters found back the plot, that is captured illegally (Documents available with mother)?

- Can they claim for maintenance charges for past 8 years & future also, how?

- Can the mother sell that plot now to another person?


Asked on 11/27/11, 4:14 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You have inter-mingled facts. In any case, no one could deprive her of the plot registered in her name. For appropriate reliefs, the party may need to file a civil. It may be better to contact a local lawyer for pursuing your remedies.

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Answered on 11/27/11, 8:44 pm


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