pratham (HR) 09 August 2012

I have invested my own money on building on ancestral land

Hi,

I am an employee in an IT firm and earn good amount of salary..I have 3 sisters and i am the only son.Al the sisters are married.I was in singapore around 10 yrs back and i send around 50lakhs to my father through bank cheques for the construction of the building when i was in Singapore for about 4 years.He constucted massive building of 15000sq feet on the land which is in my fathers name(ancestral proprty).He had no income so i let him enjoy the rent also as he promised that every thing will be mine after his death..After some time i saw him mis aprropriating the money and acting unethically..so i and him had fight..and he colluded with sisters.I am totally lost and distressed on his unethical behaviour..

Now sister's have put the partition suit and claiming the proprty.My fahter aslo have colluded with them...I have all the proof of sending the money and his decalration that constrcution carried out of my money..My questions are

1.Can i claim the buildng is mine as it is solely constructed using my funds?(i have proof)

2.How to get an account on the rental income.

Thanks a lot...

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 August 2012

If the land is the ancestral property then, your father and sisters also have share in the property. You can claim your share as well as can claim your share of rent for the past 3 years and get your share in the future rent.

pratham (HR) 09 August 2012

Thanks Madam..Does my sister can claim even the building? It was just a plain land,only with my contribution the structure was built..Cost of the land at that time was too less but the amount i have spent on building is huge.. Thanks

Adv Archana Deshmukh (Practicing Advocate) 09 August 2012

The land being the ancestral property, you cannot prevent your sisters from getting their share and moreover in the absence of any contract between all the sharers that you will be paid the cost of construction over your share, I do not think you will be able to recover more than your actual share. You yourself have chosen to throw your property in the common hotch pot.

pratham (HR) 09 August 2012

But mam,In the same website,i have seen few of the lawyers giving the opinion that,major share can be claimed if the self earned money is contributed..I am very concerned as its not a small amount for me and lot of hard work has gone to earn that money..