He cannot forcefully evict you from the house.. File a suit for permanent injunction if he try to do so.. In whose name the house is registered??
HUF Property Distribution
My father passed away in May 2000. We have been living in a joint family since my birth. My father has 4 other siblings. We all have been living, cooking, worshipping, sharing financials together in a single house. The house we are currently living in was constructed in 2002. After 15 years of living together, now one of my paternal uncle is harassing us to leave home and denying to give any share in home property. The home is of worth 2.5 crores. Does my father's name has to be in partnership deed in our joint business to have legal share in this HUF property? My father's name was not in partnership deed even when he was alive. In this case, can we ask for legal share? Do we have right ?
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
Hemanth Sir, The house was registered in the name of Vasanth Raj( My father's own sibling) and he is only harassing us to leave house. But the plot was purchased in the name of Ramakrishna (My father's own Brother) in the year 1978 when my father was alive. My father has put witness signature while purchasing the plot. Ramakrishna passed away in the year 2000. Later, his wife has made a gift deed of land to Vasanth Raj. She passed away in 2001. Ramakrishna had no son's or daughter. Now both the plot and house are in the name of Vasanth Raj. House was constructed from the income of joint business where in my father was working. Unfortunately, his name is not there in partnership deed. Me and my mother have been living in that house from past 15 years. Do we have legal right to go court?
Asked 8 years ago
Yes you have a legal right to approach .. Even if your father name was not in the partnership deed , your possession over the property shows that your were a part ok joint family and business
1. The house was originally registered in favour of your father's brother Ramakrishna, on whose demise his wife gifted it to Vasanth Raj. It is the absolute property of Vasanth Raj, who can evict all others from it by filing a suit for eviction.
2. If the house was constructed from joint property, and you have documentary evidence to prove it, a suit for declaration that your father is a co-owner of the property can be filed by you. You can also seek temporary injunction during the pendency of the suit.
what is the source of funds for purchase of property?
2) if house was bought in uncle name out of profits of business then your father has share in the property
3) you have stated that land was bought in name of uncle Ramakrishna . where did he get the funds to purchase land
4) if subsequently land was gifted to vasant raj you can claim share in the property as house was built out of family income
5) refuse to vacate the house
6) let vasantr raj file suit to evict your family
litigation is long drawn and expensive proposition
2) dont vacate the house
3) you can defend suit filed by uncle on grounds that house was constructed out of joint family business income wherein your father worked
4) suit would take 15 years to be disposed of
You have not mentioned that if this house property is coming under HUF or whether there was any HUF existing.
On whose name is the property standing now?
Who is having title to the property?
Is the property registered in the name of a karta of a HUF or on an individual's name ?
Your father cannot claim a share in the property as a right if it is not a HUF property.
The company has nothing to with the house property.
Even if your father was a partner in the firm he cannot claim a share in the house property if it was not bought out of the firm's income or on the firm's name.
Whatever, you may try your luck by sending a legal notice claiming your legitimate share in the property out of your father's share, let them give a reply accordingly you can initiate further legal steps.
My father has put witness signature while purchasing the plot. Ramakrishna passed away in the year 2000. Later, his wife has made a gift deed of land to Vasanth Raj. She passed away in 2001. Ramakrishna had no son's or daughter. Now both the plot and house are in the name of Vasanth Raj. House was constructed from the income of joint business where in my father was working. Unfortunately, his name is not there in partnership deed. Me and my mother have been living in that house from past 15 years. Do we have legal right to go court?
In the given circumstances, I am afraid, that you nor your mother have any right in the property. Your father was working in the company.
The property was bought by Ramakrishna and later on transferred to Vasantharaj, there is nowhere your father's name involved in it, hence you people do not have any claim in it, legally.