• Ownership of my home

Hello,

I am Shikha - a permanent resident of Himachal Pradesh. I live with my mom in a house which I and she built together. My father passed away 8 years back. And, I am the only child. Last month I had a small fight with my mom. It became so big that she is threatening to disown me. If she is serious about what she says, where do I stand legally? Kindly suggest what is be the first step I need to take to protect my rights as a legal heir. 

Thanks,

Shikha
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Dear Client,

In whose name this house is, who brought the land ? ratio of contribution towards construction ????

If any property, was in your father`s name ( Movable/Immovable) in that you have equal share with mother,

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

hello,

you haven't specified whether the land on which the house stands belongs to you or your mother.

there has to be a written agreement wrt the money you invested in the house.

regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Firstly on who’s name the property is?

If it’s on your mothers name and she had self acquired it then you don’t have any right in the property till she is alive.

If it was your fathers property or ancestral property then you can ask for your share in the property. Your share is equal to your mothers share.

Your query is to short to answer properly

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

This is my response to you:

1. This property is self-acquired property of your father i guess;

2. If it is so, then after your father's death you and your mother get equal share in the property as per Hindu Succession Act;

3. Therefore as per the schedule of the HSA, you and your mother are Class-I heirs of the property hence you both the property half each;

4. This is only if there is no gift deed or Will then you both are the joint owners;

5. If this house is built then you still are the joint owners of that land and subsequently the house.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firstly, let me know who is the owner of the house and what is the title document in possession of your mother. If the house in question is self acquired property of your father and sale deed is in favour of your father then after his death you are the owner of the house in equal share i.e. 1/2 share each. Half share belongs to your mother and half share belongs to you.

However, in case the title document of the house are in favour of your mother, she can disown you. In that event, you have to prove that the house in question was purchased from the income of your father and the title documents were executed in favour of your mother in token of love and affection and you contributed for construction of the house after the death of your father and you are entitled for half share in the property.

I hope it would clear your stand.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

1) your mother would not dis inherit you as you are only child

2) if your mother dies intestate you would inherit your mother share in property

3) your mother can by will bequeath her share to whom soever she pleases

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Since you both have invested and built the home if you have records of you investing in property then you are half owner of property as matter of right. In case your Mother tries to sell property file suit for injunction and also for declaration declaring you are owner in half share of property.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. Please inform in whose name the property stands.

2. If it was in the name of your father then on death of your father you and your other inherit the same in equal share.

3. So your mother can in no way deprive your half share in the property and if she does then you can file a suit for partition and seek injunction to protect your interest in the property.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Dear Client,

After death of your father, the property gets transfered in the name of you and your mother. Half of the property is in the name of you and second half is in the name of your mother.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

If the sale consideration of the house is given by you and your mother, then she cannot claim your share even if the entire property is in her name. You can file a declaration suit in civil court, if such need arises

Also specify, as whose name is there on the title documents of the property?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Shikha try to pacify your mother because you are the only child. Because taking legal action at this stage may further aggravate the problem. In case you are not willing to accept what I said earlier then you may file the partition suit as you said that you are the co-sharer of the property.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

First of fall the land and the house are registered on on who's name if it is on her then you have to file a declaration suit for your share as you paid for it, further if it on name of father you have equal share thirld if joint name then also equal share,

Further she is free to sale transfer her share or can will it to third party. but cannot take away your share. Further there is no as such procedure to disown she can just transfer the house to third party by her wish,

So first kindly elaborate the query who's name house stands,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

In whose name is the title deed of the property registered? If you are a co-owner of the property then your mother cannot dispossess you from it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Do not worry. You will not loose the case. Try to not to loos your mom.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

If the property was jointly purchased then you will be entitled to your legitimate share in it as per the sale agreement/deed

Then disowning you may not bring any relief to her.

Your interests are protected

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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