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Dwarakanath Cheyyur (Partner)     06 May 2011

Daughter's Claim on Propperty

My Wife has two Siblings. One elder sister and one younger brother. Her parents are still alive. The property in question is in the name of her father and is not ancestral. However my wife was the only person who was earning well and was instrumental in constructing a pucca house on the property with loans from her PF and other sources. She has documents to prove this. Her younger brother was unemployeed during that time and did not in any way contribute to the house construction or for any other expenses including day to day expenses. My father-in-law is a retired army havaldar and after retirement worked as a security officer in a private concern. However he depended on my wife for the day-to-day running of the house as well as for construction of a pucca house, Before that they used to live in a thatched house on the same premises. We got married in 2003. All the above happened before our marriage. Now my father-in-law without the knowledge of my wife sold a piece of vacant property to a third party and also saying the house and rest of the land will go the son and the daughters will not have any share in the same. When confronted, he is asking us to go to court. Is there any legal recourse for my wife especially since she has spent a lot of money on construction etc. Even if she does not have a right on the land, is there any re-course for her to get back the money spent on construction with interest? Her elder sister has given in writing that she does not want any share in the property and we suspect she has been paid some amount of money for doing this.



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 4 Replies

Bharatkumar (ADVOCATE )     06 May 2011

The owner is your father in law AND his right to sale this property and he has sale this property now third person at that time why u r not give any objection? how many years old this propety as per limitation act u r liable to file any suit against your father-in-law? U contect lawyer for that.

Dwarakanath Cheyyur (Partner)     06 May 2011

Dear Bharat Kumar, Thanks for the reply. The property (land) was purchased in 1982. The pucca house was constructed by my wife in 2000. Since we are married and we live separately, we were not aware that the portion of the land was being sold. My Father-in-law told us only after the document was registered to the third party. Now we only want to know if we have a legal right to claim the costs of the construction along with interest as they have enjoyed the house for 11 years and now are cheating my wife.

Bharatkumar (ADVOCATE )     07 May 2011

As per limitation act very long time away but i think u discuss with your father-in-law about this matter becuz he has cheat your wife but i think this not proper way becuz it's family matter and reletion is most important in our life, Money is not important. If u r happy and your financial back-ground is good it's not necessary.

c.m.harish (Manager)     07 May 2011

Pull him to a court & teach him a lesson


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