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Author Topic: Property share conflict after father's death  (Read 406 times)

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Offline IRahulG

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Property share conflict after father's death
« on: February 02, 2018, 09:04:40 PM »
We are total 9 children ( 5 daughters and 4 sons) of our parents, my mom expired in 2004 and recently my father passed away in January 2018, there are/was  total 2 residential properties registered in the name of my father in Nagpur, Maharashtra. Out of 5 daughters, 4 are married and living with their respective husbands and 1 is mentally challenged and unmarried living in one of the property in Nagpur. Out of 4 brothers, 3 are married ( out of 3 married brothers the eldest brother is dead who has 3 sons and a widow wife living in one of the property independently), I am unmarried living on rent and currently working in Gurgaon.
My case – Me and my 4 married sisters have a doubt that before the death of our father, the 2 married brothers who are currently residing in one of the major property of my father with their families had took the properties under their possession, because my father was of very old age (75+ age) and had no contact with any of my sisters and me, and whenever my father wanted to contact me or my sisters, these 2 brothers always interfere and interrupt in all the possible ways. When we visit to meet our father they literally start to fight and forcing my father to give the possession of properties to them. One of my married sister helped me to complete my studies and helped me with other financial expenses I am staying on rent since 13 years and currently working. I never received any financial support neither from my father nor from my brothers. Now the situation is that, we ( me and my 4 married sisters) are not allowed to visit our father’s property after his death as we believe that the property is now under the 2 brothers possession. One of my sister who is mentally challenged, she is also being tortured and harassed by the 2 brothers to leave the property and either come to me or go to the married sisters.
I went to the municipal corporation office at Nagpur to check the current ownership of the major property and it was showing that the tax for the current period 2017-2018 has been filed under my father’s name and the new record will be updated for 2018-2019 in March or April 2018.
The main reason I am contacting you is that, what can be possibly done if in any case my father gave the possession to these 2 brothers and now me and all the sisters want their share from this property. As of now we don’t have any solid evidence that the property owner has been changed. Because if the property has been now possessed by these 2 brothers than the documents are not yet disclosed.
Could you please suggest us what can be possibly done in both the scenario to file our objection
1)    if the property is now under the 2 brothers possession and
2)   If nothing has been done yet and my late father is still the owner of the property
And we (me and  all the sisters) want our share from the property.

There is also one shop in Nagpur registered in the name of me and one of my brother, but he is the one who is keeping all the documents and getting all the benefits from that shop, since the shop was purchased (approximately 15 years). I would also like to claim my benefits from that shop as he was and still using that shop for his own good.

Could you please suggest all the possible ways to set things right, we are ready to take all the legal steps require to get our share.
Thanks & Regards,
Rahul Gupta ( 9Six5443166Two)

Offline kalaskarkk

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Re: Property share conflict after father's death
« Reply #1 on: February 04, 2018, 08:15:00 AM »
Dear Sir,

The experts are doing this free charity work, so please understand our value towards time, be brief so that we can answer your questions.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
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