Son's right in the property owned by mother
Ritesh Srivastava
(Querist) 07 April 2017
This query is : Resolved
Dear Experts,
My case is --
1- My father died in 1985 and my mother purchased a plot in her name and constructed a house on that with the funds received.
2- We are two brothers, I am the elder one.
3- I got married and living with my Mother and wife in that house.
4- Later on my brother got his job and living in Delhi since 2003. He also got married in Delhi and his wife is also doing job in Delhi.
4- In the meantime I have taken care of my mother as the bast as I can.
5- I have also invested my hard earned money for the renovation/ reconstruction of the house.
6- Things changed between my mother and us. And now my mother, on the provocation of my brother is ready to sell the house.
7- My brother is saying that there will be three parts of the money after the sell of the house. One of mother and the rest two of us (brothers)
My question is --
1- What are my legal rights in this case ?
2- How could I claim the money I invested to renovate/ reconstruct the house ?
3- Could I file a case demanding the entire money (the money I invested to renovate + my part after the sell)
Guest
(Expert) 08 April 2017
(1) No legal right on property of your mother during her life time. She can dispose of her property in any manner she likes and may or may not share any part of the sale proceeds with you or your brother, as that will be at her sole discretion.
(2) Your claim rests at the sweet will of your mother, if you don't have any solid proof of investment.
(3) Nobody can bar you to file a case, but solid proof of investment is a must to establish your claim.
Advocate Bhartesh goyal
(Expert) 08 April 2017
I too agree with expert Dhingraji.You have no legal right on your mother's property during her life time.
Guest
(Expert) 08 April 2017
Usha ji,
Thanks for agreeing with me.
Guest
(Expert) 08 April 2017
Bhartesh Goyal ji,
Thanks for agreeing with me.
Kumar Doab
(Expert) 08 April 2017
Parents usually do not discriminate.
The best approach is to settle the matter amicably.
Your mother and brother may agree to take care of funds that you claim to have invested, even without proof of it.
Or may agree when you show the proof.
You have posted that your mother has invested funds that you have mentioned as revived after death of your father in 1985, i.e. about 32 years back, to build the house.
The wife (your mother), sons and daughters might have equal share in the funds.
Your mother might have invested entire funds in building the said house.
Try to repair the relations with mother and brother and they may also reciprocate to you.
Your mother can contemplate to dispose the property whose title is in her name.
Dr J C Vashista
(Expert) 12 April 2017
Very well analysed, opined and advised by expert Sh. PS Dhingra, I fully agree and appreciate, nothing more to add.
Guest
(Expert) 12 April 2017
Dear Dr. Vashista ji,
Thanks for your appreciation.
