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Question
My mom just passed away , and there is a family dispute for now and things are not going ok we are five siblings and i am the second eldest .... my mom has two houses at mumbai and a property in goa all belonged to her my dad is still alive and he has told me and my eldest sister to be away and he stay with my other two brother and sister on a rented flat nearby in mumbai i am in aware that my dad is about to sell the goa property and without my notice which i think that i should be aware of but the situation is he is not ready to listen the property is on my mother name before marriage .....
so please advise where i stand
Dear Anthony
You have stated that the properties are in your mother's name. Presuming that she has not made out any will, the property after her death will devolve on all of her surviving legal heirs in equal preposition. That means that your father cannot take independent decision about the properties on which you along with your siblings have equal right. I would advice you to consult a good lawyer in Goa and take immediate steps to file a suit for injunction restraining your father from selling the property. You can also file a suit for partition to have your part of the share partitioned off from the rest of the property
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Answers by Expert:
Advocate Manoj Ambat
Expertise
I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems
Experience
I am an attorney having extensive practice in Criminal, Civil, family, contracts and agreements labour, personal laws including Hindu Laws and consumer laws for the last 11 years.
Organizations
Having Independent practice and Senior Partner in Manoj Ambat and Associates.Also currently involved in Tribal Rights Movements giving legal assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates
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My blog, Twitter, Facebook
Education/Credentials
BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)
Past/Present Clients
Individual clients and companies
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