Paternal prtoperty

Querist : Anonymous (Querist) 12 December 2022 This query is : Resolved
Mother of my friend had purchased a piece of land in Patna when my friend was just two years old. however my friend built a house on the land taking loan from Cooperative Society (loan was taken in the name of his mother but my friend's income was shown) and from HDFC. My friend also invested his arear income.
After death of mother the property was transferred in the name of my friend. My friend married a girl after death of his first wife. However he is having children from his first wife only- one girl and one boy) The daughter is married now. The son has fallen in bad friendship and often threatening my friend for partition. My friend is afraid that the property will be destroyed by his son.

Whether this property is a paternal property ?
Whether there is any way to devoid the son from the right of the property?
Whether my friend deny his son's right?
Whether my friend claim the investment made in the construction?

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Quick Summary

A man built a house on land originally purchased by his mother, using his income and loans. After his mother's death, the property was transferred to him. His son, from a previous marriage, is now threatening to partition the property, causing concern for the father. The discussion explores whether this property is considered paternal, if the son can be disinherited, and if the father can reclaim his investment in the construction. Advice suggests consulting a local lawyer as the property may not be ancestral and the son might not have automatic rights, depending on applicable laws and other potential heirs.

kavksatyanarayana (Expert) 12 December 2022
The son and daughter of your friend have rights over the ancestral property. Divide the property into 3 shares to your friend and his two children equally. Whether he invested the amount for construction is not a point here. His children have equal rights with him.

Dr J C Vashista (Expert) 13 December 2022
You have made a mess of information provided in the post, as the facts posted are stated to concerning your friend and his / her family and not your own.
Let your friend consult a local prudent lawyer for better appreciation of facts and professional advise.

P. Venu (Expert) 15 December 2022
Facts posted suggest the property is not ancestral. Consequent to the mother's death it is vested with the her legal heirs. The son your alleged friend has no subsisting rights of the property.

If it is your friend's case why you have chosen to be anonymous? Moreover, you have not disclosed of the personal law applicable as inheritance varies from religion to religion. The posting is silent as to other legal heirs, if any of the so-called friend,

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