Mothers property

Chetan Pardakhe (Querist) 04 September 2011 This query is : Resolved
That the mother filed an suit for possession and eviction against his son & daughter-in-laws.
The fact is that the said plot is in name of that mother but the consideration amount was paid by the father (husband of that mother). The husband died and one son and daughters were get their share and only my client resided in the said property along with his mother and wife.

My query is that whether he (son ) is entitle to claim share in that property whereas the plot on which the house is constructed is in name of mother but the construction is performed by her husband and my client . Pls guide long with provisions and case laws.

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Raj Kumar Makkad (Expert) 04 September 2011
Who so ever is the registered owner of the property is its absolute owner and there is no role of financer or helper in building the property. So your mother has got every right to get eviction of property.

R.Ramachandran (Expert) 04 September 2011
During the his life time, even the husband who funded the property and got it registered in the name of his wife, could not have staked claim for the property. Therefore, no matter who funded the property, it is in the name of the lady (mother) and she is the absolute owner of the same. Nobody, including her son or daughter, can have any demand or claim for any share in the same property.

The son seems to be under some illusion that he has any right in the property. Absolutely not.

prabhakar singh (Expert) 04 September 2011
Both of the experts have rightly opined, mother has exclusive ownership rights in the property even to the exclusion of her husband who funded her and neither the son nor the daughter has any right in the house property.

Guest (Expert) 04 September 2011
I also agree with the opinions of S/Shri Raj Kumar makkad and Ramachandran.

Chanchal Nag Chowdhury (Expert) 05 September 2011
I beg to differ with the experts.
Yes U can claim provided u can prove:-
1.The consideration amount was paid by the father, e.g.from his then IT Returns.
2.The mother had all along no income/insufficient income to buy such property.
3.There was a Family hot pot where the father & son contributed.
NOTE: The Benami Transaction (prohibition) Act does not apply in this case.

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