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Have I lost my share of family property?

Tagged as: Family<< Previous question   Next question >>
Question - (27 June 2017) 7 Answers - (Newest, 29 June 2017)
A male India age 30-35, *odandaraman writes:

We are a family of two brothers and widowed mother. I am the eldest son. I am married while my younger brother is single and takes care of my aged mother. My dad expired 10 years ago. My brother and mother do not stay with me. My dad made two houses from his own earnings. I will name it first house and second house. The first house was in my dad's name. My dad bought the second house registering the property to my mother.

I was staying in the second house (which belongs to my mother) before leaving the country to work overseas. The first house was still in my dad's name. Under the Hindu/Indian Law, the property after my dad's death will belong to my mother and children if there is no will written by my dad. My dad did not make any will.

I was staying with my wife and kid in the second house until I got an overseas assignment. I had locked the second house and handed over the keys to my mother before leaving the country.

While I was on vacation to my home country three years ago, my mother and brother informed me that I have to sign some important tax papers. But instead I was called to the Registrar's office and made to sign a paper. It said that I will be relinquishing the first house which belonged to my dad and transferring the property to my mother and brother without any share to me. I was surprised and shocked. I just signed and was upset. My brother and mother could have discussed with me earlier. After signing, on the way back, my mother and brother said I will get second house.

My mother and brother moved into the second house after I left the country without informing me. Naturally my mother can move to her house whenever she likes. When I came back to my home country permanently, I moved to a rented house because my wife does not like to stay with my mother. I feel now that my brother and mother won't give my share ie the second property as earlier promised. Please suggest a method I do not lose my share now.

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A male reader, Denizen United Kingdom +, writes (29 June 2017):

Denizen agony auntOK - be nice. You catch more flies with honey than vinegar.

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A male reader, Kodandaraman India +, writes (29 June 2017):

Kodandaraman is verified as being by the original poster of the question

Thanks for your answers. I asked the lawyer nearby. He said it will be a lengthy procedure and very difficult since I signed off my rights. I am feeling betrayed from my very own family. More than the loss of properties this has taken a huge emotional toll on me. I don't feel like visiting them. My mother even once have not visited my house to see my child atleast. My mother calls me everyday to enquire my welfare. I don't feel like to answer her call thinking that there may be some new hidden devious plot. But for the sake of laying hands on the documents I have to visit them. My brother shouted take whatever you want. My mother agreed to pay the rent to the house where my wife, child and myself are staying. I will try to amicably solve the issue if they cooperate.

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A male reader, Denizen United Kingdom +, writes (28 June 2017):

Denizen agony auntIf you signed away your rights you are going to find it hard to legally recoup your loss. It could involve lengthy legal arguing and significant cost. What's more you could lose.

You really need to consult legal counsel. A barrister in UK will charge hundreds of pounds an hour. I can't say what the cost would be in India.

Importantly, why would your brother and your mother treat you this way? If you could resolve this amicably it would be so much better for all.

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A female reader, mishi 1 United States +, writes (28 June 2017):

mishi 1 agony auntYour brother is taking care of your aged mom which is BIG RESPONSIBILITY. That's why she don't want to make him upset.

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A male reader, Kodandaraman India +, writes (27 June 2017):

Kodandaraman is verified as being by the original poster of the question

My brother's office is very far from the second house where he is staying with my mother currently. My mother and brother also did not mention their intention to move into the second house where I had lived with my wife and kid. These things made to to feel something fishy going on. I lost my job overseas due to the oil price crash since my work was related to oil industry. I had to come back to my home country. My wife and kid are staying with me in a rented house paying high rent from my hard earned savings. My wife is employed but does not support me financially. That's a different story.

Apart from the two houses, my dad bought two pieces of land in the same city. These land are in my mother's name. I told my mother and brother that I want to construct a house on one of the land. But my mother and brother are against this also. I visit my aged mother regularly since being unemployed I have a lot of time. Whenever I ask my mother about the property matter she says me to get out of the house and leave. This clearly shows that I have no right in any othe properties made by my own dad. Am I wrong in assuming that something fishy going on?

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A male reader, Kodandaraman India +, writes (27 June 2017):

Kodandaraman is verified as being by the original poster of the question

Thanks for your reply. My mother has not made any will for the second house. There are two lands/site bought by my dad from his earnings apart from the above mentioned houses. I told my mother & brother that I would like to construct house on one of the site. They are also not letting me to do this. I visit my mother regularly. When I am at her home and when I bring a discussion on this topic my mother says me to get out and leave. Moreover my brother's office is very far from the second house where he is staying with my mother currently. Is it normal on my part to smell something fishy going on? I was working in the oil industry. When the oil price crashed I lost my job overseas. I had to come back to my home country. I thought I could move to the second house. But now my mother and brother are staying there now. Now I am paying high rent from my savings despite having a legacy

left by my dad. I am thinking to ask my brother to pay rent to my land lord. Is it fair on my part to do this?

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A male reader, Denizen United Kingdom +, writes (27 June 2017):

Denizen agony auntWhy don't you pay for some good legal advice? Find a competent solicitor, one who is tenacious, and pursue your claim. Clearly you haven't been able to get your share by asking for it. So you have to go the tough route. It will get messy with the family but, they did the dirty on you first.

Do you know if you are in your mother's will?

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