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Suresh Sharma   31 July 2018

Self earned property

hi,

My father has a house in delhi which he took from DDA on installments. He passed away in 2000 and installments were pending for next two years for that house. I paid these installment from my earning. The house was transferred in the name of my mother based on a will that was made by my father in 1973 when he joined army. The will was as per army act and my mother was sole sucessor and administrator of the will and all the moveable and immovable property was name in my mother name. My mother had agreed that we sell the house and the amount will be divided into three parts one for my sister and one for me and rest of the amount will be with my mother. Now she sold the house and when i asked for my share she refused to give stating that it was my husband property and you donot have any right to claim any share in that property.

Now i am asking for the amount that i paid for installments to which also she refused.

please advice on this matter. Can i claim my share through court even though it was self earned property of my father. Please advice

 

S Sharma



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 4 Replies

R.Ramachandran (Advocate)     31 July 2018

Your mother is absolutely right.

Since your father had left a WILL giving the property to your mother, she is the absolute owner of the same.

Your mother agreeing orally to distribute the money has no legal standing.

Vijay Raj Mahajan (Advocate)     31 July 2018

On the basis of the Will of your father your mother became sole owner of his property and she got it transferred in her name. After selling that property she has right to keep the proceeds of the property with her or give it to anyone she so desire. You cannot force her to give you any share out of it. Yes if you want money invested in buying the property that you have right to recover by filling civil suit if you so desire but that may take 10-12 years to get you any result and money spent for the litigation will be much more than you seek from her. Ask polity for the money from her if she agree you will get otherwise forget it.

Suresh Sharma   31 July 2018

the point is that the will is not probated and the will is as per army act which was made in 1973, what about the money that i paid for installments of the house i have also to some extant contributed in purchasing the house. How can it be a self earned property of my father when for two years I have paid the installments. please advice

pradeep chaudhari   31 July 2018

Before death of your father , loan installments were pending, which implies that the property is not his own. You will have to prove that your share is there by way of some of the installments which you paid.

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