Property ownership transfer and challenges

Law apart, why do you want to discriminate against the younger daughter?

The posting suggests deeper issues. Please post complete facts.

The facts posted suggests the querist to be a senior citizen. Life has its own ocurses and surprises. None can be sure which child or relative could be of assistance when one really needs such assistance.

It is my considered opinion that, as the father, the querist need to amicably settle the issue.

Hi Sir,

Sure sir let me explain.

When we purchase the land and build house back in 1997, all the expenses was mine and my older daughter. I haven't got much money to carry out my monthly expenses and medical expenses of me and my wife. My older daughter is being taking care of everything from last 23 years. She is a widow pensioner. I think she is the rightful owner as the expenses she did on us exceed till today way more with comparison of the value of land & house.

My younger however is doing very well, her husband is a retired govt. teacher and getting decent pension. Her son is also very well todo now, getting good. Unfortunately till now I haven't got any kind of support from her of any kind.

Since your second daughter has constructed the first floor out of her funds, she is entitled to own that floor, though there is no written agreement to this effect.

You allowed her to construct the same, hence under this situation you either return her funds with interest or execute a registered sale deed towards the first floor rights alone without giving any rights to the land underneath.

You have to amicably sort out the issue because you only permitted her to construct a floor above your house out of her own funds. 

Thanks you sir for you reply.

Yes sir, we have also discussed with my younger daughter and agreed to refund her cost which she spend on first floor with interest as per current rate with other expences if any.

But she dont want to leave and demanding 50% of the property I own out of total. Also she said to drag me to court as well if I dont give 50%. 

What were the terms and conditions on which the elder daughter had been permitted to construct? How was the permission and related formalities were finalised with the local body (Municipality/Panchayat etc)?

Hello Sir,

Just a correction, my younger daughter has been allowed to construct in first floor and not my elder daughter.

We dont have written terms and conditions. We allowed my younger daughter on the basis that she will just live in first floor. 

1st floor is not registered yet in municipality after the house is constructed and we are still paying house tax same as it before. But when we registered our house design plan initially we also had the 1st floor design registered as well.

Okay, the property belongs to you and your elder daughter. And the younger one has been allowed to construct the first floor.

To my knowledge, construction entails no registration, but a permission from the local body and subequent occupation/completion certificate based on which it is assessed to building tax.

Anyhow you can convey your title in the property to the elder daughter through a gift or settlement deed making due provision for younger one's investment towards its improvement.

Thank you for the response.

Could you please clear up the below part, I didn't get

"making due provision for younger one's investment towards its improvement."

Your younger daughter is a licencee who do not have any right, interest or title except claim and possession of first floor of the house which is stated to have been purchased (self-acquired) by you with your elder daughter. 

Your younger daughter may be ousted from the property by filing a suit for eviction through a local lawyer.

Thank you Sir for the reply.

Quick clarification, after 12 year of possession, someone is entitled for a claim right?

It is not mere 12 years of possession, but that of adverse possession.

Thank you sir.

Is my case fall under adverse possession. Could you please help me understand.

Facts posted suggest no case of adverse possession. It appears that there are deeper issues. If so, post complete facts.