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Author Topic: Property Papers in case of 50% ownership  (Read 507 times)

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Offline mrdivik

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Property Papers in case of 50% ownership
« on: August 21, 2015, 06:52:56 AM »
Ours was small family of 3 (Me, mom and dad). There were continuous tensions between my parents since my childhood. Me and my mom live separately (not divorced) in a house which was at my mom name. My mom died in Jul 2008 in an accident. After her death my dad comes up to take care of me. He said my mom had a nomination for house which says it goes 50% to me and 50% to dad, I don't know whether it was true or not, I trusted him. I was very innocent with no knowledge of complications. He made papers with house at 50-50 share between me and him. Papers are with him only, I don't remember what it says. He started living with a widowed women and kids from last 2-3 years, though there is no proof of marriage. Its sort of live-in what my dad says. I need a copy of home papers as a proof with me that I own 50% in that house. My dad can sell that entire property anytime or can transfer it to that widow lady by cheating me. What all I need to do to get a proof with me that I own 50% share in that house? Need your help.. Please advise.

Offline adv.amarnath

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Re: Property Papers in case of 50% ownership
« Reply #1 on: August 22, 2015, 12:50:12 AM »
As per your statement/ query, I would like to say that after demise of your mother, you and your father has inherited your mom's house jointly. That means you are 50% owner of undivided share of that property. What your father make you sign in that paper that is irrelevant all the time. There is no legal paper could be make that you are the 50% owner of that property as you are the owner of that property in the eye of law in respect of half undivided share.

You can mutated your name before the local bodies/ corporation/ panchayat, etc which is applicable to your place. Second, you can claim for partition from your father in respect of that house and make your share demarcated in respect of your property or you can buy your father's half undivided share of that property at negotiable purchase. If possible, you can convince you father to make Deed of Gift in respect of his undivided share of that property.

But your father is leading a live-in relationship with widow or he may transfer his share in favour of that widow are all will be valid in the eye of law. After the death of your mother, your father can marry another woman during his rest of his life. There is no cheating or illegal. But if your father died intestate and he has not married that widow then you will get his 50% undivided share of that property and you will be the owner. Further you can claim all others movable and immovable property of your father on his demise intestate.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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