Legal Question in Family Law in India

approching for suit

My father expired without writting WILL we hv a flat in MUMBAI. which

is purchased in the year 1982. Due to old the apartment distroyed by society and constructing new. Now my mother thinking to write the flat on my brothers name without giving part to me. (The flat is my fathers own property and the flat is on his name nominees are my mother and brothers name writting 50% each of them). Is there any possibility to stop registration on my brothers name. How i have to approach. We are Andhra Pradesh Hindu family. As per Hindu law equal right is there to daughter also if there is no WILL.

Whether we hv to inform society legally or we can suit in AP for

Mumbai flat.

pl. advise sir

My father expired 3rd June,07 my age is 44 and brothes age is 45,mother is 67 years old

sir one more doubt.

HOW MANY DAYS BOND PAPER VALID.


Asked on 7/30/07, 12:02 am

8 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: approching for suit

Under law you alongwith your brother are legally entitled to 1/3 share in all the estate of your father.

As the property in Mumbai than you to file the injunction suit against your mother and brother stopping them from transferring without giving you your due share. You can also inform the society in this regards.

There is no time bound period for decision under any law. For further query you may contact me

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Answered on 7/30/07, 10:27 am

Re: approching for suit

Validity of bond paper depends upon its nature and bond.If it is a blank stamp paper only then its validity is six months only from the date of its purchase.Being the nominee does not mean that you brother and mother can debar you.You have equal right in flat.To stopm registration you must have to approach Bombay court and can file suit for Injunction and also partition.You may accordingly inform the society.

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Answered on 7/30/07, 1:53 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: approching for suit

without will, the ownership of property will follow the law of inheritance;

being one of the legal heirs, you are entitled to your share irrespective of names of nominees;

you are entitled to approach the authorities to record your name as one of the legal heirs of your father.

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Answered on 7/30/07, 10:38 pm
Rajendra Babbar Rajendra Babbar & Associates

Re: approching for suit

you have not given details of your father's other properties.If there is other property situated in AP left by your father, then the suit may be filed at AP also.Otherwise it shall have to be filed at Mumbai only.It is sure as per Hindu law you are entitled for demanding equal share alongwith your brothers and mother, in case there was no will made by your father.

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Answered on 7/30/07, 10:53 pm
Vishwa Johri Johri & Associates

Re: approching for suit

Ur mother can write the will to the extent of her share only . Under the Hindu law. After the death of real owner who died intestate[without a will] The property devolve upon all the family members. That is the class 1 heirs.

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Answered on 8/03/07, 11:30 am
G. M. Gupta gmguptaandassociates

Re: approching for suit

being nominee dosnt mean that they were meant to be the only legal heirs. you can seek partition by suit for injunction and partition.

you need to file it in bombay and if you need any lawyer in bombay then i can help you in that too.

you can inform the concerned authorities like the society concerned about this.

generally the bond is valid for 6 months if no validity is written on it. but it depends on the instruments.

For further detailed advice please contact in person. Consultation charges of rs 500/- shall apply.

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Answered on 8/01/07, 4:14 am
Nandita Haldipur Haldipur Associates

Re: approching for suit

bond paper is vaild for 6months

if you have to file a suit it has to be done in mumbai. being your fathers self acquried property you have equal share

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Answered on 7/30/07, 1:59 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: approching for suit

good afternoon

well as far jurisdiction is concerned you are supposed to file a suit in mumbai itself and yes you have an equal share as well as it is an self acquired property of your father

Bond paper is valid till 6 months

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Answered on 7/30/07, 6:51 am


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