• What rights I have?

We are two sons of father. In DDA draw my father got an allotment of a 26 sqm plot in Rohini, Delhi.
I made entire expenditure for construction of house as I earn more than my brother. I also paid off Rs.125000/- which my father took from my real uncle.

Now my father want to sell property and want three shares one for me, one for my brother and one for him self. My father also did not shared any provident fund received after retirement. The entire retirement money is given to my younger brother.

How to handle this awkward situation. Right now I don't have other place to live.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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6 Answers

1. if you have prove that you have paid a handsome amount you should file a case for temporary injunction and prevent him to sell this house.

2. this is not your father's self acquired property therefore he has no right to make such partition and sell it on his will.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. if you have invested all such money with a view that it is a joint family property then all the heirs shall have same interest and share in this property.

in absence of such intention your share shall be decided in appropriation of share [money] paid by you. if it is 1/2 then you will entitled to get half share.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) you have no share on provident fund money received by your father after his retirement . it was funds received by father for his years of service . he is at liberty to give it to your brother

2) if you have paid for cost of construction of the house and also paid off the loan then on sale of the house money spent by you should be repaid to you and sale proceeds divided euqlly

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

if property is in father name father would be absolute owner of said property

you cna claim expenditure incurred by you for construction of the house and loan repayment

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. The land was allotted to your father for which any house constructed thereupon will be considered as his house as per law.

2. You had paid the entire expenditure for construction of the said house for which you can claim refund of the said amount with interest from your father.

3. You can file a Money Suit claiming the said amount from your father and get a stay order restraining your father in selling of his said house without making you the said payment.

4. He is within his rights to deal with his money in any way he feels like and gift/donate his money to anybody including your younger brother.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The son can claim refund of the expenditure he has made in constructing the house on the land standing in the name of his father.

2. The said son will have no right on his father's house so constructed with his money.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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