Legal Question in Real Estate Law in India

i am 71 yrs old widow having 4 kids one son and three daughters. My husband expired in 2001. All my childrens are married. I live alone in LIG house purchased by me by selling my HIG house purchased by my husband, which was transfered in my name. I do not have any source of income and live on 3 thousand rupees received as interest from My husband's investment of 3 lakh Now my eldest daughter is asking for money as her share in this house and is tourchering me to hell. she is forcing me to sell it. I have already sole my MIG house and shifted to LIG house and paid her 7 lakh for her elder daughter's marriage. I am diabitic, have BP and Arthritis patient. I am very much dipressed and my son is lives saperately. plz advise ?

Asked on 7/11/12, 12:33 pm

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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You are the owner of this house and will remain so. Your daughter has no right or share in this property.

Answered on 7/11/12, 10:55 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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as the house belonged to your husband and he died intestate, you and all the children have an equal share in the flat. but, at the same time, your married daughter(if earning) and your sons are duty bound to maintain you as per section 125 of crpc. in case they troubling you to sell the house, you may ask them to go for a suit for partition and at the same time, you may move a petition u/s 125 crpc for claiming maintenance from your children.

Answered on 7/12/12, 12:08 am

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