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Eswar B (Owner)     06 October 2014

Property rights

The plot is in my father's name and the building is in my name. It was constructed by my father with his earnings only. Due to bad relation, I want to get separated from my father. What are my rights regarding the building?


 5 Replies

basavaraj shiromani (Advocate)     06 October 2014

Are you say that the building in question is the property of your father ? then you cannot ask any thing from your father during his life time. A building standing in your name does not create title in your favour.  

If the property standing in your father's name, how it is possible to obtained permission to construction on the said property in your name ? on what base the building has been constructed is important.  So please carify that, whether after completion of the said bulding it was trasferred in your name ?  under what mode ? If you want to claim the property as of your own is a differnt thing. but as admitted fact, you cannot claim the property of your father. 

1 Like

mani iyer (field word)     06 October 2014

I Ashok Venkatraman having some issues on my mother's property in native place in tamil nadu.

i came to know that some properties are there in my mother name, some people wanted to avoid to the sahre of my mother who expire on 1969. we are three children of her two sons and one daughter one son expired on 2012. and at present my self and my sister is alive my sister is married and settled in Banglore. i am presently staying in mumbai. i also got death certificate of my mother & brother. I contacted court in tamil nadu they informed to get Legal Heir certificate so that the sale of the property can be withheld so that We will get our share of our mother who is expired. I need to get the legal opinion on my case.

basavaraj shiromani (Advocate)     06 October 2014

After death of your mother it is quite essential to get the legal heirship certificate to bring LRs of the deceased on the property exttacts. your case is not complicated go through the leal heirship certificate

T. Kalaiselvan, Advocate (Advocate)     11 October 2014

@Eswar:  the property is reportedly still stands in your father's name, how did you acquire the title of the building alone when the property is on your father's name?  What is your exact query?, you have also stated that your father constructed the building out of his own savings, then where is your right to the property or the building? Better clarify the details and come back with your proper query if you are really interested to get proper opinion to your issues.

T. Kalaiselvan, Advocate (Advocate)     11 October 2014

@Mani Iyer:  First of all you should use a separate thread to post your query, in others thread you can give your opinion.

Now to your query:

After your mother's death, nobody cared for maintaining the properties left intestate by her hence unguarded properties were encroached or grabbed by some miscreants/land grabbers.  However, you can file a suit for declaration and possession of property based on certain details of the property and your relationship to it.  If you can obtain legal heirship certificate from Tahsildar's Office, it is better even otherwise, this will not be a very essential criteria for filing a suit on the above grounds. Consult a local advocate conversant with local laws and proceed further as per his advise.

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