Rabindranath Bardhan
Asked September 22, 2016

Legal action to receive my share of property

  • 1 Answer
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Sir, My self (68+), the only son with 1 elder sister (70+) and 3 younger sisters (all 60+), moved outside West Bengal for jobs. Sisters are all married. My 3rd Sister was exchanged married. But she stayed in parental house for treatment of her cancerous husband. She is childless This sister was against me and my wife and polluted others and parents. My mother (house owner) died in 2010 without making any will. I paid 4Lakh to my father 30Y before for house construction. Myself came back in 2012 (After retirement) 3Months before my Father’s death. I noted that she had taken all house documents / ornaments / Post office (MIS) & bank amount(FD), house rents for several years from my ailing father(84Y). Other sister helped her. She had taken custody of everything under lock in a room although staying in husband’s house in ashoknagar. I paid enough money from time to time to parents. You have advised me to file a case of partition. But can I recover my invested money now.? I have only letter of employer for VRS amount which I paid to my father. Nobody takes receipt from father. In case of 5 divisions I will lose. I am staying alone. Sisters want to sale property. I will be obliged to get necessary advice Regards R Bardhan Khardah

Answer 1

If your sister has taken over the FD and MIS amount of your father’s property without any such will or transfer from his side, you can claim your share of the amount as you have equal share upon the property (including the said amounts) of your father.

Moreover, you can also file a recovery suit for the share of rent amount of all the years that has been taken by your sister as well, because you are entitled to an equal share over the income from the property of your intestate mother. Recovery suits usually are long term proceedings and hence in order to avoid such delay you may file a summary suit under Order XXXVII of the Code of Civil Procedure, 1908[1], which allows for speedy recovery of money.

However, you would probably not receive any additional sum for the investment made by you as it was a voluntary investment and this does not alter the share over the property by you and your family members.

 

[1] Available at: http://www.lawzonline.com/bareacts/civil-procedure-code/orderXXXVII-code-of-civil-procedure.htm

Agree Comment 0 Agrees about 4 years ago

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