on your mother demise her 50 per cent share in property would devolve on you and your siblings equally

2) amicable settlement is best option

Firstly, in regard to the RTC, no one can add their name without the presence and consent of the main name holders like you and your mother. And it also favours you the most if you have purchased it with your own income instead of family inherited income.

Secondly, you can also challenge that RTC if they happen to move before the court.

Lastly, file a criminal case against them only then they would stop.

Dear Client,

If u can prove that the property was purchased from ur income than there`s possibility of becoming absolute owner, otherwise theory of adverse possession is only resort.

If there`s no mention of share in purchase deed (sale), than it will be assume 50% each.

AND mother`s 50% share, you along with other sibling have equal right.

Suppose 3 siblings

than ur share is 50% + 1/3 of mother`s 50%.

Your siblings can not claim any rights over the properties registered in your name.

Since the properties registered in your mother's name, on the death of your mother all the children of your mother are entitle to the share in the property.

You can get into a settlement or Partition deed with your siblings on mutual understandings.

You did no mention number of your brothers or your father is alive or not. Presume that you are a Hindu.You have 50% absolute share of the property, after death of your mother rest 50% share to be equally divided among you and your brothers and also your father if he is alive, the will be according to Hindu Succession act

Please note if you can prove that the money to purchase the property was given by you they have no right ... suppose if u have no way to prove it then they are entitled to equal share

Hello sir , thier Claim is not valid and you should file a civil suit for declaration in court

when the property stands in you and your mother's name, then you are the owner of fifty percent and your mother was the owner of fifty percent. in absence of your mother you along with your siblings are the joint owners of fifty percent i.e. your mother's share and you are the owner of rest fifty percent as it was during life time of your mother.

so you may settle the matter with your siblings regarding fifty percent of the property.

if they choose for legal action they including you will not be entitled to get proportionate share of fifty percent of the property in addition to that you will remain owner of fifty percent in alone.

You together with your siblings have an equal share in your mother 50% stake in this property.

Best for you is that you may pay them in lieu of their respective shares and retain the whole property to yourselves.

1. Since the property was joint between you and your mother the share of your mother devolved on her children equally after her demise. So your siblings have a share in the share of your mother, which they can cull out by filing a suit for partition.

2. The dispute can be amicably settled by executing a partition deed or family arrangement.

Firslty, file police complain against them about threatening of physical harm.. And also forgery as they have included their name wrongly.

Secondly, they do not have any right in your property as they would have also informed you about RTC as you were also the owner not only your mother.

Thirdly, go ahead and file injunction suit first for the time being, and yes it would take some time but not so long.

1) litigation is long drawn and expensive proposition

2) better settle with your siblings

3) if you are threatened by your siblings file complaint of criminal intimidation under section 506 of IPC

If you are threatened by your siblings then file a complaint for criminal intimidation.

Also I would not advise you to go for litigation as the process will be long, it will be better if you settle the disputes among you siblings mutually.

Regards

The agreement is in my and my late mothers name.

My siblings are putting pressure on me through various sources to give in to their demands.

Kindly suggest what legal action can be taken and if it has to be settled out of court then what would be the best in my favour!

If the registered sale deed is in your mother's name and if she is reported to have died intestate, then the property lying on her name shall devolve equally on all her legal heirs, which would include your father also, if living now.

Therefore the claim made by your siblings for an equal share in the property is legally valid and you cannot deny it since the legal position favors them.

If they come for an amicable settlement, then you may give them money in lieu as per agreement and advise them to execute a registered release deed relinquishing their rights in the property in your favor.

The talks on sharing the property including the money in lieu has to be decided in mutually agreed conditions which be recited in the registered release deed drawn accordingly.

1. Civil proceedings are mostly long drawn are can take a considerable long time for their disposal. You will be required to maintain a vigil over the court proceedings, this will require you to attend the proceedings personally.

2. Constitution has no applicability. Yours is a private civil dispute and governed by the other laws of the land operating in the said field.

3. You could take recourse to registering a FIR.

in that event filing of a partition suit is the only course of action from your end. once you file the case, they will realize their actual position and then they will come to mutual understanding.

it will not take much time to reach to a decision and you may rest assured that the decision will go to your favor.

as and when you file the case no body can harm you by any means and if they try they will loose their entitlement.

Also my major concerns which are bothering me now are:

1. Will it be very difficult, time consuming and lengthy procedure if i approach the court. Also traveling every time for the court hearing would be difficult for me at this age - DO u have proof that u property earned from ur income.

2. What laws under the constitution safeguard me against such impractical demands and also the threats - U can file FIR,

3. What if me and my family are harmed - Its an open case of Criminal intimidation.

As you have stated if you apprehend that one of your sibling will harm you and threatens you of physically file a police complaint.

Cases do take time the Courts has duty to follow procedure.

If you can prove that the sale consideration under the sale deed is paid by you and you have registered the property in the names of your mother and your self, it is enough to prove your case and you can safe guard your property.

Mother gets half share you get half share after death your mother her share be divided between siblings and you