Right of a son on father's self acquired property

Nobody has any automatic right on the self acquired property of father. 

 

When you have constructed the house on your father's property with bank loan, Banks normally ensure that the land owner (in this case your father) also joins as co borrower and without his signature on the mortgage loan shall not be given.

 

If your father gives the land in a Will or Gift to other than you, may be with the discussion you will have to get the matter settled for the loan/amount spent for construction of the house.

 

Mere construction of house on the property shall not confer any right to you.

As you have taken the personal loan on basis your salary which doesn't include your father's name in loan. So you are not liable to demand this money from your father. Your father is free to do anything what he wants. You can only do settlement on this issue.

Property can be claimed only in case of deceased where there is no Will. Better to discuss with your father So that he can take decision in your favor.

Thank you all for your advices, actually currently there is no such problems but I just wanted to understand what all possibilities, I am studying in 1st sem LLB and this would also help me to understand law better. Thank you all.

Which personal law applies in your case?

Are you all Hindu?

The said property is apparently Urban land, and there is a building on land?

Do you have irrefutable evidences to establish your money was advanced/utilized to raise building for joint (or family) use?

Usually parents do not discriminate. Why should father discriminate the son that has helped by putting maoney to raise the building?

Have you discussed the matter your father?

Isn’t your father willing to register settlement/conditional gift deed in his life time favoring you (appropriately for your contributions) and/or anyone else as per his sweet will?

Confirm!

If matter can be reduced in writing, in your father’s lifetime nothing like IT, amicably, to allievate your apprehensions.

Your father can dispose the property anytime in his life time in anyone’s favor by a valid/registered deed.

 

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

Usually parents don't discriminate.

Take good care of your father and he may not harm interest of his wards.

In case of Hindu's;

Son/daughter have NO forced share in self earned/acquired estate/property of father.

Son/daughter have  share in ancestral estate/property....

Wife has NO forced share in self earned/acquired estate/property of husband.

Wife is not a co-parcener in ancestral property of husband.

Daughter in law has NO forced share in self earned/acquired estate/property of father in law.

 

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by Testamentary succession/ inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

 

IT is good to be properly informed and have knowledge of law.

 

IT is better to avoid legalities and litigation.

The warmth of relation should be preferably maintained.

The Sr. Citizen, parent (father) can claim maintenance from relatives..Courts of law are concerned and sensitive in such matters.

2. can my father donate, Will, gift the property to my sister, mother or anyone else.

YES

 

 

3. can I claim my share in the property
 

YES UNLESS DEBARRED BY FATHER.