My mother had a property in her name.The land is in a posh area whose value is in crores now. she died when me and my brother was below 10years. We went to hostel after the incident. We don't had a good communication with my father although he was looking after our expenses. After getting a job I went to different state and my brother too. We were never sit as a family ever. My father paralyzed too when he was in late 50s. So he lives in village. My uncle then contacted father to build a home in my mothers property for my marriage. Father gave him 25lakhs . As father is suffering from paralysis he could not go and check. After completing the 1st floor, my marriage held there. After I leave, uncle started 2nd floor. When I come to know that I thought father must be allowed him. I had a good rapport with uncle and family where my father and brother didn't.uncle gave the 1st floor on rent and took the money and never told father about that. I believed him. I occasionally visit the house. When covid came, my brother came back to our state and asked uncle to vacant the ground floor at least. Uncle denied. My wife again asked again he denied. When I asked he said transfer the 1st floor to the name of their daughter then he will vacant the ground. The fight went preety ugly between him, his family and my brother, wife and father. So I asked uncle we will give the construction cost of 1st floor and we can't live together because you broke our trust. He is not ready but aunty is ready to take money. But they are demanding more money saying they invested some 50-60 lakhs 5 -6 years back.
Note
- No one from our family except me lived in that house. I lived hardly two months in last 5-6 years.
- They never told father that they rented the ground floor, not even gave single penny in 5years.
- they had no lease agreement with us.
- Uncle had a vigilance case in 2016 where they said they are living in this house as tenant and the owners are in different state.
- Uncle can use his monetary power to take the whole property.
My question-
- Should we give more money than construction?
- If yes, then can we deduct money for depreciation of the house and rented money.
- If they deny to take only construction cost what legal action we can take? What is the probability of winning?
A.Hi, your uncle might claim adverse possession of the property if he has been living there for a significant period of time, so be wary of that. There are various other factors that need to be considered before deciding the appropriate course of action. You are requested to share more details such as if there is a documentary any proof of payment of Rs. 25 lakh by your father to your uncle, etc.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to know for how many years your uncle is staying in that property so that it can be ascertained whether he is eligible to claim adverse possession or not. It is also necessary to know that after the death of your mother,whether your father,you and your brother had mutated the names in the Record of Rights in the place and stead of your deceased mother and it is also necessary to know in whose name the Plan was sanctioned. Is there any proof of such payment of Rs 25 lakh by your father to your uncle for the purpose of such construction?
Please take note that until and unless,the aforesaid facts be known,proper legal remedy cannot be suggested.
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.
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.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Dear Client,
The property of a married female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Hindu Succession Act, 1956 which include her husband, children, a...
Dear Client,
When your maternal grandfather passed away leaving the property intestate, i.e, without a Will, then on his demise, all the surviving legal heirs are entitled to an equal share in the sai...
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