Legal Question in Real Estate Law in India
My mother died in august 2008.We are 2 brothers and 1 sister.My mother had written the will and has given 20% share of the dwelling house in my and my son's name(i am the daughter) but one of the brothers is not giving physical possession to me and my son.The will is not registered also and also not signed by my son.The Property has not yet been transferred in our respective names.What are the steps to be followed by me to get the possession?
2 Answers from Attorneys
you can file a suit for possession and mesne profits and partition.
first, the will is not supposed to be signed by the beneficiary (in this case your son). Since your brother is in possession, your son - if major - has to give notice to his mama to cancel the licence to live out of love and affection and further ask his mama to vacate or else pay mesne profit. Once the notice is issued your son may file a case for possession from Mama on the basis of WILL
Related Questions & Answers
-
I had purchased a new flat one year before , i am leaving their since then, but... Asked 10/04/10, 5:20 am in India Real Estate and Real Property
-
Dear sirs, My sister in law lost her husband 1 year back and having a son aged... Asked 10/04/10, 1:48 am in India Real Estate and Real Property
-
What is the difference between Equitable mortgage and Registered mortgage?? Also... Asked 10/04/10, 12:19 am in India Real Estate and Real Property
-
17 acres agricultural property is in my mothers name. My mother and father both... Asked 10/03/10, 11:28 pm in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
