Legal Question in Family Law in India

1.My Dad had given power of attorney to my elder brother of his flat in Mira Road, however my father passed away last year without making a will.In this case do I have right over my Dads property? My mom is alive. My brother has sent legal papers for my signature stating that I should have no-objection in him selling the property.He has neither spoken to me about it nor told me anything about it.Has just sent this legal letter. I want to know does he have any intentions of giving anything to me?

2.With reference to my earlier queries I would further like to inform you that since I did not sign the no objection. He is now saying that he wants to give the said property on rent. Instead of selling it. Can he legally do that ? Don't I have any share in the

rent ?Thank you for your reply but my brother is not discussing anything about this with me he only told me to vacate the flat ( as some of my furniture is in there as nobody is staying there as of now) as he wants to give it on rent.Can he do so without my approval ?

3.I would also like to inform you that we are 3 siblings and my Mom is also alive.

I had a key of that house but 6 months back my brother took away the key from me on the pretext of doing some repair work in the flat. He has neither returned the keys to me nor he is showing any interest in doing so. What so I make of it ?

Another thing I would like to mention here that this property was bought by my father under the chief ministers 10% quota as he was a handicapped Retired defense personnel. There was lock in period of 5 years and after 5 years if the flat is sold out we will have to pay some amount back to the govt but I have no clue how much?

So what do you make out of this ? We are 2 sisters and 1 brother. Are we 2 sisters even eligible for a share?Please help


Asked on 5/13/14, 10:18 pm

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If your father died intestate i.e. without a will, you both have a 1/3 right each in the property. File a suit for partition. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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Answered on 5/13/14, 11:48 pm


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