• Property constructed by me

I lives in Shimla. I am Hindu by region. My parents bought a plot 2 years back 100 km away from Shimla and i also paid around 20 % in that plot. Soon after 1 year we started developing it. We built a 2bhk on this plot i spent 20 % of money to built the house. Currently i am living in that house and my parents are living separately. My parent does job in govt sector in Shimla and i have my private business. Me and my mother jointly applied for loan and we got loan for construction. I am co borrower in this loan. This plot is registered on my mothers name. Only i built this house by loan money and no body came to see construction. Now my mother want to build other story for my brother. I dont want that because i do not have good relation with him. They want me give my 20% back and want me to vacant the house. I also want them to pay for the time and effort i put in to built the house.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Hello

The plot is in your parents name. You contributed 20 % towards it. Same with the house. Your parents want to have the house for their sons.just because you don't have good relations with your brother that does not mean that they will cut off all ties with him. Emotions do take precedence over reason.therefore you should take the money and settle elsewhere if goubwant yo settle this Amicably and your bro unbearable.

But if you can compromise then let them do what they want. After all they are your parents everything is yours after them.

This is not a legal issue as people and relations are involved. Talk to them. But there can be no legal solution to this kinda problem.

In case they were not your parents I could have told you that you could sue them but only if They had promised that they would not let your bro enter the place but they did.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Firstly send them notice to pay the entire 20% amount that was paid along with interest for these period where you invested time and your money. Apply to the bank to discharge you as co borrower after paying the share of loan availed by you. If you want property file a suit for declaration declaring you as owner of 20% of property and bring injunction from court to not to vacate you from property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you only have 20 per cent share in land and house constructed on it

2 )you can take back your money and vacate the house

3) in alternative permit another floor to be constructed on house for your brother

4) you would not be paid time spent by you on construction of house

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. SINCE the Plot of Land is registered in Parents Name, you as such do not derive any legal rights to restrain them from allowing brother to construct further on the land.

2. HOWEVER, since you are physically occupying the constructed house, you can refuse to allow anybody to construct above the portion of your house. This you can do for years and frustrate the parents & brother, even if they file a civil suit. You should register the house in your sole name with the relevant authorities on immediate basis.

3. Whether you want to do this or attempt to restore your relations, is another advisable matter.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You will not became legally the owner of the house property at any point of time during life time of your mother. The ownership of title on the property (plot + house) will pass on to all her legal heirs jointly,

try to solve the dispute with your mother and transfer the property on your name.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You cannot claim for the time and effort as you built on your own wish and paid for same further they allowed you to occupy the premises in that case amount for same cannot be recovered you can take your invested amount along the interest,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as it has been stated in your present query that it has been built on your money though it is on the name of the mother.

Secondly, it is true that you can’t claim right over the same, but can ask for the compensation for the time which you have spent there.

Thirdly, let me tell you that now, there are chances for you to win the case also if fight with consciousness as money was yours, it just that you allowed the name of the mother over the same. Depends upon the judge to entertain this point or not.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. legally your mother is owner of plot. Actually she is a co-owner as 20% funds for purchase of plot was contributed by you

2. so she can make further construction on the existing house

3. if your parents want you to vacate, then they will have to pay your contribution adjusted at today's market value of plot and also repay your loan (if the loan is being repaid by you exclusively, despite your mother being a co-borrower)

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Since the property is in your mother's name, if you refuse to accept this amount which you have invested and what they are willing to give you, you may not able to recover even this at a later stage and your case may also not be maintainable in court of law if you want to file a money recovery suit.

So better accept it because legally you are not the owner of this house.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

on mother demise you have one third share in house 

 

2) you cannot restrain  your father and brother from staying in said house 

 

3) you can file suit for partition for division of house by metes and bounds 

 

4) you can seek stay against further construction of first floor on  the house 

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

you should file a suit for injunction restraining your family members from undertaking any construction. 

you can file partition suit in jurisdictional civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See if the property is on name of mother then it shall be equal distributed among all legal heirs. The legal heirs can mutually partition the property or can file a suit of partition before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can take injunction or restraining order against then in civil court

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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