Legal Question in Real Estate Law in India
Hi,
My name is Saranya. I�m an engineer from Coimbatore. I need a legal idea about the situation prevailing in my family. My father has 4 brothers and 6 sisters. In this one sister is dead. Recently my father and his siblings sold a property on their side. Actually the land was in their Mother�s name. The settlement is over from the sellers side with around three and a half lakhs remaining. My father is the third one among the five brothers. Before selling the land everyone gave the power to sell to my dad and two of his younger brothers. Now a problem has risen from the girls side that they weren�t given enough share. My dad got signature from everyone that they received amount only for 6 lakhs. The remaining amount we�ve no proof. Now the girls are like we�ll file a legal case against you. Else give us 9 lakh more. The two elder brothers are not ready to give back a penny and not responding also. They aren�t bothered coz my dad and his two younger brothers are the ones who had the power to sell it. But one of his sister is dead. So that sister�s children and another sister of my father are not ready to go for any legal proceedings. Nor do they want anything more. They are satisfied with what they got now.
So what is the present situation in this case? Who is on the advantage if a legal case is filed? Does the land being in my Grandmom�s name make any difference in the right my dad�s sisters have in the property? What is the next step we should be proceeding? My dad is very much upset thinking he�ll have to be in prison atleast for15 days before a bail could be got in case they file a case.
2 Answers from Attorneys
Under the circumstances, there is nothing to be done by your father.
Wait for the sisters to file case/complaint and then react
regards
S.Seshadri
Chennai office Phones: 98403 20808 /28515229
emails: [email protected]
Apparently all the brothers and sisters of your father were having equal shares in the property. Whether sale proceeds were distributed equally? Whether power of attorney provides for lesser share to sisters? When did it all happen from limitation point of view.