90,000+ Legal Questions Answered

Ownership of house Ownership of house

3 years ago

I construct first floor on father ground floor house by taking home loan he give me permission to construct I repay loan regularly last 10 years my father and my brother sister not ready to gift deed of this floor on my name who is the owner of this house can i file any suit in court for declaration of ownership of house

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.you took loan and paying for 10 years.
for loan your father also had to sign papers.
who is your brother sister of your father ? yourself ? i guess you missed 'and'.
continue living in house.
you can force anybody for gift deed. that is the meaning of gift.
if litigation have to happen then it can happen later also so avoid for now.
else you can file suit of declaration.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.You can file a suit for declaration.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Legally speaking, you cannot force him to gift it to you as the property is still in his name. If you have been in continuous possession of the property for more than 12 years, then you can make a claim for adverse possession and file for a partition suit. However, unless your father is threatening to evict you from the premises, I see no reason for you to engage in litigation against your own family. You can try and find a mutually beneficial solution through negotiation or mediation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
Legally speaking, you cannot force him to gift it to you as the property is still in his name. If you have been in continuous possession of the property for more than 12 years, then you can make a claim for adverse possession and file for a partition suit. However, unless your father is threatening to evict you from the premises, I see no reason for you to engage in litigation against your own family. You can try and find a mutually beneficial solution through negotiation or mediation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
Yes, you can file a suit for declaration since you have invested to construct first floor after taking permission from your father.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconInheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
question iconEWS Certificate
Dear Client, The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
question iconPOA from SriLanka to India citizen Resident Indian
Dear client, If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.