Do i have share in my fathers self earned house
Raju kumar
(Querist) 28 June 2013
This query is : Resolved
Sir, my father bought a land and built a house in 2000 out of his own earnings, my brother is residing in that house from 2005, the house is in my fathers name.. A). Now my father has the right to claim rent from my brother?. B) after my father, do i have rights to claim share in that house?
Anirudh
(Expert) 28 June 2013
It is your father's self-earned property. Only he has the right.
He may or he may not charge any rent from your brother.
In case your father does not dispose of the property during his life time (by way of sale, gift, WILL etc.) then in that event his legal heirs i.e. his wife, mother (if alive), son(s) and daughter(s) have right to inherit the property in equal share.
Otherwise, nobody has any right to claim any share in the said property.
Raju kumar
(Querist) 28 June 2013
Thanks, anirudh sir.. Now my father is claiming rent from my brother as my father was too old and me to a disabled person, but my brother is refuse to give rent and he is refusing to vacate the house.. What is the procedure to claim rent from my brother or to make him to vacate the house legally by my father.
Anirudh
(Expert) 28 June 2013
Your father has to first give a legal notice to your brother stating that he has cancelled the licence given to him to reside in the place.
Therefore, he has to vacate the premises within ..... say one month from the date of the notice, failing which he will take appropriate legal action to evict him from the premises.
(BUT BE SURE, YOUR FATHER WILL NOT TAKE ANY SUCH ACTION AS HE WILL BE CONCERNED ABOUT HIS IMAGE IN THE SOCIETY - THIS FACT IS KNOWN TO YOUR BROTHER ALSO THAT'S WHY HE IS NOT BOTHERED. FURTHER IN CASE YOUR MOTHER IS ALIVE, SHE WILL ALSO DISCOURAGE YOUR FATHER FROM TAKING ANY SUCH DRASTIC ACTION.)
Raju kumar
(Querist) 28 June 2013
Thanks anirudh sir.
Guest
(Expert) 28 June 2013
Your question has no relevance unless you state whether your father wants to charge rent or to get your brother evacuated.
However, my opinion on your queries is as follows:
(A) If he desires, your father can charge rent from your brother for the house.
(B) You would be entitled only to your legally due share after the death of your father.
Raju kumar
(Querist) 28 June 2013
Thanks dhingra sir, now my father wants to charge rent as he want money to live because he is not able to continue his business also am a disabled person cant able to walk and stand.. So now he is asking rent from my brother.. But he and his wife is refusing to pay rent stating that they have legal rights to reside in that house without giving rent.. Sir, what is the procedure to claim rent legally from my brother sir?
Adv Archana Deshmukh
(Expert) 28 June 2013
Ask him to pay rent or vacate the house. If your father is unble to maintain himself, he can also claim maintainance from his son u/s. 125 crpc.
Raju kumar
(Querist) 28 June 2013
Thanks for ur reply archana mam, thnx rajendra k goyal.
Guest
(Expert) 28 June 2013
I endorse the views of Adv. Archana. If your brother and his wife feel that they have legal right to reside in that house without giving rent, they also have the legal responsibility to maintain your parents.
prabhakar singh
(Expert) 28 June 2013
Well since it is self acquired house of your father all choices are available to him.
Adult sons live with parents or in their premises only out of love and affection and not out of any legal right.So your brother is not inducted as tenant,rather it would be treated as oral licence which can be revoked by your father by a notice as advised by Mr.Anirudh calling him to vacate within a reasonable time failing which a suit of eviction and damages for wrongful use and occupation can be filed by your father.It is all his sweet will.
In addition your father can claim maintenance from your brother using remedy provided in 125 Cr.P.C or under The Maintenance & Welfare of Parents &. Senior Citizens Act, 2007 which are not expensive
as would be suit under The Hindu Adoption and Maintenance Act 1956.And they are faster and effective too.
If your father dies intestate leaving this house undisposed and you both brothers and your mother survives him then you 03 would get 1/3rd each in the house according to Hindu Succession Act.
But during his lifetime your father has right to dispose his house either by inter vivos transfers like sale or gift or by laying succession through WILL to any person of his choice even excluding any or all of you three.
Sudhir Kumar, Advocate
(Expert) 29 June 2013
your father instead of getting paltry rend can ask for maintainance under new act in favour of Sr Citizens.
