Legal Question in Real Estate Law in India
can we do anything
my dad made a 2 storied house in shilong meghalaya with govt office loans in 80 in 98 he made it as a joint ownership with mom.and letted the ground floor in 2001 he took vrs and now his pension is 2000rs so the 4000rs house rent is necessary but mom took a mutual div without mainte in 2000 and remarried.now she is claiming the ground floor,and is collecting the rent, we stay in the top floor.now lawyers r saying they cant help becos she has 50% rights is there any way becos she never earned a paisa and the house was clearly gifted to her as joint holding by dad and moreover becos we need the money for my education
3 Answers from Attorneys
Re: can we do anything
You need to first clarify whether your father gave away 1/2 share to your mother by way of a Gift and if yes, whether it was a duly registered Gift Deed. Please clarify.
Re: can we do anything
One needs to see the document by which your mother was made a joint owner - also need to see IT & WT returns, as to how the property is treated and in whose name it is shown in those documents. Without this it is not possible to give a proper answer.
Re: can we do anything
You will have to obtain an Injunction as she has remarried,and besides you can prove that she did not earn or buy the property from her own money, if you have gifted the property, you have to contend that everyday there was harrasment from her and under threat that you have gifted, since she is remarried and you have taken mutual divorce without maintenance there should not be a problem.
Try and get a good lawyer he will be able to sort it out for you.
B.Balasubramanya.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
