Legal Question in Real Estate Law in India

Hi i need some help and legal advice in regards to the property issue that my family is facing.. We are three sisters and one brother.. My father passed away 5 years back and we transffered the property at my mothers name by signing an NOC.. Now my mother passed away and my brother states that our mother has transferred the property to his name willingly and said she wants him to have the property.. But before passing away she never mentioned anything about it.. She had also mentioned that the flat is empty now and her stuff is also there that needs to be checked.. In this scenario we believe our brother has manipulated our mother as she was very old and dint understand things much and got the property transferred.. Our brother even states that our mother has said it in front of the megistarate that she wants the son to have the property and also she has mentioned it to my daughters but she never did that.. Can any one gelp me and advice me do will still have the right to own the property and what can we do pleae help urgently..


Asked on 4/11/16, 6:59 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

What your mother said is useless. The fact is that she has not left a Will and in that scenario, all the legal heirs will get equal share. Therefore, nothing to worry. Before filing a partition suit, it is better to serve a legal notice to him calling upon him to partition the property mutually. You can seek further guidance.

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Answered on 4/12/16, 8:49 pm


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