Can a mother refuse share in property owned by both parents, if father is dead

[User_a8da7d0d]

U

User_a8da7d0d
PARTICIPANT
February 21, 2025 at 10:54 am

So the property was purchased by both mom and dad. Now the dad is no more and mom wants to sell the house.

She doesn’t want to pay dad’s share to her sons. If she does forger documents and sell the house, what steps can we take?

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[Silentninja9967]

S

Silentninja9967
PARTICIPANT
February 21, 2025 at 11:05 am

What’s the religion of the father, mother and children?

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[User_a8da7d0d]

U

User_a8da7d0d
OP
February 21, 2025 at 11:07 am

Hindu, sons are above 50, no everyone from dad’s side is gone

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[Silentninja9967]

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Silentninja9967
PARTICIPANT
February 21, 2025 at 11:23 am

The dad and mom will have 50% share each in the property. After the death of the father, the dad’s 50% will be split equally between the wife and two sons. So basically the ownership will be 16.6% each for both sons and the mother with 66.6% ownership.

The mother can only sell the percentage owned by her. The rest can’t be touched. The sons can oppose the sale if the property is undivided.

If the mother tries to sell the entire property or forges any documents and transfers to herself the husband’s 50%, you can file an injunction to temporarily halt the sale and file a case for forgery.

If you do file a case, realistically speaking it’s really hard to proceed with the sale. Land disputes go on for decades. Considering the sons are over 50, the mother would definitely be above 70. The property would not be sold in her lifetime.

You can also plead to the court saying that the mother is not competent to sign the contract.

If there is a will saying that the father wishes to transfer his share in the ownership to the mother upon his death, you can’t do anything. Assuming of course the document is legit.

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[User_a8da7d0d]

U

User_a8da7d0d
OP
February 21, 2025 at 11:32 am

Thank you for such detailed answer!

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