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Sons right over mother property (Property Law)

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This query is : Resolved

Author : Anonymous

Posted On 23 March 2010 at 18:41

The land was purchased by my father in my mothers name in 1983. My father retired in 1991, Around mid 90's myself, my father and my only younger sister contributed to build two houses in the same plot(One in ground floor and one in first floor). Now my mother says the entire building belongs to my sister. My mother is and was a house wife. Being the only son, do I have any right over this property? Kindly help.


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Expert : Parthasarathi Loganathan

Posted On 23 March 2010 at 19:26

Though it is said that your father had purchased the house in the name of the mother, legally it is construed that it is a self-acquired property of your mother. However the same can be settled through mutual consent as both have you have invested for construction of house. Your parents can decide on this issue without resorting to legal course

Expert : N RAMESH.

Posted On 23 March 2010 at 22:39

Is your father alive? whether your father raised the issue of his ownership so far? if not, then you can not.

If you are able to prove your contribution for the construction of house, then you may demand return of the value. It depends on several other aspects.

Otherwise, from the facts, you don't seem to have any right.

Expert : Parveen Kr. Aggarwal

Posted On 23 March 2010 at 23:14

If your father is alive and has not raised the issue of his ownership so far, then you cannot claim ownership right as rightly suggested by Mr. N. Ramesh.

However, if your father is not alive then you can claim it to be a Joint Hindu Family Property in the name of member thereof (your mother). In that case, you can claim share in the property.

Author : Anonymous

Posted On 24 March 2010 at 12:26

Yes, my father is still alive. He has not raised any issue of his ownership so far. The construction of the house took place before my marriage and at that time all my earnings used to go to my home and my parents. But after issues started popping out after marriage, it is unfair that I have to pay the penalty for nothing and leave without getting anything from the property. Is'nt this unfair and injustice. I believe that something has to be done to protect people like me from these situations.

Expert : Parveen Kr. Aggarwal

Posted On 24 March 2010 at 23:29

You cannot claim ownership right or a share in the property.



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