PROPERTY MATTER
NAYAN THAKORE
(Querist) 01 December 2009
This query is : Resolved
I am leaving in a bungalow owned by my mother in law. Upto 1985 the bungalow had 1100 sq ft constructed area on the ground floor and 470 sq ft area constructed on the first floor. In 1985 I spent Rs 1.8 lakhs and additionally constructed 440 sq ft area (2 rooms and 2 bathrooms) on the first floor. This was done so that bungalow can be divided into 3 flats, 1 for each sister, one of whom happens to be my wife.
(1) The youngest sister has about 800 sq feet area on the Ground floor.
(2) My wife who is the middle sister has about 660 sq feet area on the First Floor
(3) The eldest sister has 550 sq feet area (330 sq feet on the Ground Floor and 220 sq feet on the First floor.
The mother stays with the youngest sister. The youngest and the eldest sisters got their flats ready made while I invested the amount stated above. I only got 220 sq feet readymade.
There is agreement , between the sisters , on stamp paper, prepared by a lawyer that I have spent the above mentioned amount for the stated purpose.
I have the following queries:
(a) Due to lack of knowledge I did not register what I constructed on the first floor. Is it possible to register it in my name?
(b) Can I lay claim to the area I constructed?
(c) If somebody wants to demolish and redevelop, can I go to a lawyer and bring a stay order since I do not want to redevelop. We will be destroying value as at construction time everybody agreed that it is for 60 to 70 years.
The condition of the bungalow is very strong and as per certification of structural engineers the building is good for another 30 to 40 years
Please advise, as nearing retirement age I will have to look for a flat when prices have sky rocketed
Raj Kumar Makkad
(Expert) 01 December 2009
1. No. there is no such provision without the consent of your mother-in-law.
2. You can claim only for the cost of construction and not area as the property is self acquired of your MIL and if she becomes angry with you, she can deny giving any share to your wife.
3. If someone tries to demolish at least the portion constructed by you in that event, you can seek stay order.
If the property of your MIL is self acquired then she has got every right to bequeath iits any share to any of her daughter and even she can dispose it off. It is her sweet will how to deal with that property.
