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sridhar (SE)     17 June 2013

Step mothers share on house which is on constructed on loan

Dear All,
My cousin has got a gifted land from his father and he has built a house by procuring a loan from bank.However during the construction ;there was a agreement written on 100 rs stamp paper between my cousin,his own brother and his father that the land was gifted to my cousin only procure a house loan and once the loan is cleared;then the property can be re-registered.

My cousin has been paying the loan amount from past 5 years and the tenure for the loan is for another 10 years.

Unfortunately my cousins mother(aunt) expired recently in 2012 after spoling her health -having repeated fight over the illegeal affair uncle had.
It was also found after aunts death that my cousins father(uncle) has a child out of illegal affair and the child is of age 4 as of now.My uncle now got the marriage registered in 2013 with his second wife and maintains her in a rented house.
My uncle lives in the same house which my cousin constructed and he now wants to bring the second wife into the house which my cousins are against.

Both my cousins live abroad and they constantly support his father who is a retired govt employee(gets pension) and they are very much ok to look after their father and he being in the house.

But they are totally against bringing in the step mother into the house.

Could you please let me know

1) Is the 100 rs bond paper on which the agreement was written valid at all?
2)As the house is in my cousins name-Does he have rights to restrict step mother to enter into house.
3) Does my uncle have any rights to divide the property between three children(two from aunt and one from the second wife before marriage)
4)Can the step mother/step brother claim any property from my cousin.
5)How do we stop her from entering the house legally and what are the action points to do


Added  to this;my cousins are always supportive financially and are even ready to extend their support in future to their father and hence to their step-brother(though our of illegal marriage)

Kindly provide some advice on this please

Best Regards,

Sridhar

 



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 June 2013

1) Is the 100 rs bond paper on which the agreement was written valid at all?

I will refrain from replying this query as without going thru the whole contents of the agreement it is not sensible to comment upon its validity on the basis of some lines written about it. Bcoz there are many nitty gritty which can turn things around.


2)As the house is in my cousins name-Does he have rights to restrict step mother to enter into house.

If your cousin is the owner of the property, he can restrain his step mother from entering into his house.


3) Does my uncle have any rights to divide the property between three children(two from aunt and one from the second wife before marriage)

As the property is owned by the son, the father cannot divide it.


4)Can the step mother/step brother claim any property from my cousin.

No.


5)How do we stop her from entering the house legally and what are the action points to do

File a suit for injunction.

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