As of now as the property is in your dads name you have no right to it. .There is a lot of difference between a wish and a will as per law a will holds good  . Only after your fathers death and in the absence of any will you can claim your right to the property . Your proposition and your ifs and buts like making arrangements for your father for life provided he gives you a place does not hold good in the eyes of law . Since as of date of have not seen any law which talks about a barter system formula. 

My advice to you is as you are a working women . As you have decided to get married shortly ..You and your would be hubby can go in for a place of your own and you can cherish the dreams of acheving a house of your own from your hard earned money .

I totally agree with Mr. Stanley.

Thank you for the update. I am not a working women. Indeed I am a guy, I have heard that LAW holds good for both of them equally. We are not discussing any thing about will or wish to my dad. Since the property has come from my mother how does the LAW holds good?

Is it fair if I ask for a place for me on the ground floor? so that I can start my family and what happens if he does not write a will for both of them instead he considers only my brother and write everything on his name. What does the LAW say? Kindly suggest..

hello,

is that property  your  father's individual property or ancestral property ?

Hello,

It's not my father's individual property. It wasbuilt by my mother and few of my aunts have also contributed to that but when the property was built. The initial holder of the property was my mother that means, the house was registered in her name and later on after her death me and my brother transferred it to my dad's name.

Now the property is in my dad's name. Since he was not the primary holder, what LAW applies here because he is no more concerned about me and I have nothing left now. I wanted to go in a legal way hence I would like to know the LAW.

 

The Hindu Succession Act, 1956 sec 15...

This section deals with to how a property devolves, you and your brother were suppose to get the property, You gave your part to your dad by choice....I do not think that much can be done here....How ever i dont know to what will be the impact of a partition suit now!!! as I see it the partition never took place.....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

You have option to file partition suit but that again depends how you prove the circustances under which you and your brother surrendered your right to property in dad's favour.

Dear Madhusudhan, It always happens when the mother is no more the entire family may turn against someone or the other. In this case it is you. But you father was very clever and cunning that he had utilised the circumstance to get NOC from the legal heirs i.e. yourself and your brother and managed to transfer the property in his. Nature will take its course action. But when it comes to Law it may not work. Had you not signed your cosent for the transfer of your property in your dad's name he would not have got the property. I do not know whether this can be triggered through the court of law to get the property. Only legal authorities can clarify. In my view, I would only suggest you to approach someone who could make your dad and your brother understand about your mother's wish and also that you are bloodly related to them. If this is not going to work then the only way is to pretend as though you are innocent and try to get along with them which may take some time. And slowly request them that your financial situation do not permit you to stay outside with your family and occupy the ground floor and continue to live there and establish yourself. Rest nature will take care.

Hi All,

Thank you so much for your kind assistance. MUKESH K MOHAN, you were able to judge my position completely and the suggestion you had given had already popped up in my mind. What you send was 100% true in my case. I didn;t know my dad was like this, but still I have some respect towards him. People around him and the situation is spoiling our relationship badly. Today I just wanted to know the LAW and rights I have. As you said time will take over one fine day to get the right judgement. Due to family complications I came out of my home last year to settle them down and myself but that gave them more chance to act negatively.

As far as I have seen the comments above, there is an equal right for me as well to go and stay in that home since the property has come from my mothers name and my dad has no rights to decline it. Please confirm the same, so that I would be much more relieved and start thinking positively to get inside the house and start living there.

Thank you very much.

Dear Madhusudhanan, As long as your brother enjoys the property you too have equal right to enjoy the property. Here the question is how to get your share legally. Now the mindset of your father, brother and your sister-in-law will be entirely different and may not support you. Allow some time to heal. At the same time your father too will not able to sell the property to anyone as the buyer will insist for legal heirs signature and in the same wsay your brother also cannot sell the property. But they can continue to enjoy living their or giving the ground portion on rent. For heaven sake do not sign any documents in case they approach you. As I said the only way is to get into the house somehow tactfully and continue living in that house and establish yourself. Also slowly build document proof such like ration card, telephone bill in your name as a resident of the property. After your father's demise your share of property will automatically come on you as you and your brother have equal rights. Till such time you enter the house be vigilant that they do not propose to anyone to sell the property in which case you have to act swiftly to convey your objection to the proposed buyer. Once you enter the house under no circumstances do not leave the property and come out. Your mistake is coming out of the house which you should have avoided. Anyway things will change and you will be happy and will achieve it one day. When your father gets old he will definitely change his mind. You also should try to impress him. All the best.

Hi Mukesh,

Thank you so much for your advice. The way you have expressed things and explained  me, it shows that not only the property is important even we need to balance our life within the family. I am ready to compromise forgetting about the past and getting inside the house but when I look  in the other way, property is not the only one problem at the moment and as you said that can be taken care when time comes.

As there is lot of misunderstanding in my house and all three people are in different ways, it is a much difficult task to handle things for me at this point of time.

One good example I could take is there are few people who have been helping me from my Mother's family(Aunt). This helping nature from others has created a nonsense in my home as they are thinking that my Aunt is there to take care of me and least concerned about me. Now my situation is, legally I dont have rights to ask my aunt anything. If I do then I will loose them completely and in my home as I said there is no place for me but it takes some time for me to gain a place in their heart and settle things down. Financially everything is on my head like (Marriage, Starting a new life) etc.

I believe getting inside the house is a good option, but again when you look in other point of view it is not the best choice.  If I continue to stay out of my home just to control the situation and give some time to heal things what would be the ideal scenario and  type of LAW implicable to me and both of my family?

If could you give me your contact number I would like to discuss few things with you directly. It would be a great help for me and for my family in resolving this pressing matters. Kindly share you contact number and the preferred time to call you.

Thank you once again for your assistance.