Ravi raj 24 November 2022

Right on house

Hi, I have constructed house in my hometown. The land and house is not in my name. It is in my mother name. I have taken the personal loan to construct house. The entire amount is spent myself only

But now my parents are expired. Now i am trying to change title to my name. I have 1 brother and 2 sisters. Now my brother is not allowing me to change title to my name. He is demanding big amount.

Now is it good to move to court? I know he is having right on the house and land. But he never spend single rupee on the house. Now he is demanding big amount. I have personal loan taken documents during the house construction. i am thinking go to court for this matter. Is it good to settle the amount or move to court?

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3 Replies

Real Soul.... (LEGAL) 24 November 2022

SInce the house and land is in the name of mother all the legal heirs of sharing the heirship of your mother will be having absolute right. You have spend to make house and all that is your problem not their's ; that will be treated as joint investment. However you may file a case for major share by evedancing the loan secured by you which was spend on construction of house,; that will bring your brother to table for better negotaitions, he has to contest the case and that wil make him to com to terms genuinely, Let him understand that he has share only to the extent what belonged to your mother actullay.

P. Venu (Advocate) 24 November 2022

With the death of the mother, the property is jointly vested with all the siblings. You may file a suit for partition for your share as well for the investment you had made for construction of the house.