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Right of father/son in the property of mother

(Querist) 13 May 2012 This query is : Resolved 
My family consists of father,mother,brother and me. I'm the elder son. My mother and me is living in a house which was bought by my mother 25yrs back. She is the titled owner of both the land and house. My mother is a house wife and she has no source of income. So my father did bare the cost of land purchase and house construction. For the last two years, my father and brother is living in separate house, which is under the ownership of my father, due to some personal issues.
Now, father and brother is asking share in my mother's house as my father has invested in it but there is no proof of it. So, do either my father or my brother have any right to claim share in my mother's property even if my father has invested money in it? Can my mother sell it without the permission of other family members? Plz help.
Adv.R.P.Chugh (Expert) 13 May 2012
Dear Swasti,

Benami Transactions (Prohibition) Act, 1988 specifically makes an exception in your mother's favour by saying that any property brought in name of spouse - there is a presumption that the same is acquired for the benefit of spouse. The onus would be on your father/estranged brother to rebut that such property was not acquired for your mother's benefit to be able to stake a claim to the same, which is hard. Hence there should not be any problems.
ajay sethi (Expert) 13 May 2012
if they have not filed any case mother can sell the property as she is aboslute owner of the said premises
swasti (Querist) 13 May 2012
We are sure that they will file case, if there is a provision, if she tries to sell it.
If my mother says that her mother, now no more, gave money to purchase the land and build the house, then whose burden is it to prove the actual source of money ie. from my father OR from her mother?

I mean my mother says the source of money is not my father but her mother and sreedhan given as gold at the time of marriage. My grand mother passed away 20yrs back so any need to produce documents or just saying she gave cash in hand and her source is unknown to my mother is enough?
Shonee Kapoor (Expert) 14 May 2012
The burden is on the person who has filed the case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly (Expert) 14 May 2012
Benami Transactions (Prohibition) Act, 1988 is not with retrospective effect. So, if the land was purchased or the house was constructed before the enactment of the said act, then your father can very well claim that he is the actual owner of the house and had purchased the same in the name of his wife. He can very well show evidence of payment from his account which your mother may not be able to disprove.

So, it all depends on when the land was purchased and the house was constructed. If it is after the enactment of the above Act, then your mother will have the ownership of the property and will be able to sell it.


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