Legal Question in Real Estate Law in India

My father passed away inestate leaving my Mother , brother and me. and property , PF LIC money etc. i was minor. My Mother recived some property from her father as gift which my father developed further.

My mother stayed as head of the house hold. but my brother manuplated and i was kickedout of the house at age o 13 living at mercy of relatives.. now they sold one of the property using my GPA given for another purpose, all the income PF LIC money un accounted.

he claims 2/3 o property and my mothers property which her dad gave to her. my mother is being emotionally blackmailed is baised to support him out o fear.

can i raise claim in my mothers property ? and claim for PF and LIC money and all the lost income and proceeds from sold property? i am not getting anything and i feel not only i had to suffer but also had to be disadvantaged . its been 30 yrs my dad passed away


Asked on 6/28/11, 10:55 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

since your mother is alive, she has every right to dispose off her property in the manner she desires including preference of one son over the other son or daughter. However, You could have claimed accounts of PF and LIC money and income and other proceeds from sold property. But, it is the statue of limitation, now, comes in your way. You have to claim within three years of cause of action. So, if a property has been sold in last three years, you still will have a lawful valid claim

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Answered on 6/28/11, 6:00 pm
Shrichand Nahar S.V.Nahar, Advocate

You may claim your share in the property of father developed upon you during your minority. Approach court.

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Answered on 6/28/11, 10:04 pm


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