Dear Sir,
Question is incomplete, write elaborately .
Right of Residence
My family - Myself, Brother (
Asked 6 years ago in Property Law
Religion: Hindu
19 Answers
The query is incomplete please.
?
What is your query ?
state detailed facts of your case
You have a right to live with your brother and other members if it is an ancestral property.
Regards
Make yourself clear
Sir kindly post the complete query herein .
If property is ancestral than all legal heirs has rights in the property.
If purchased by father or mother and not WILL than all legal heirs has share in the property.
Pls post query in details
Yes they have right if residence till parents don't object
Please give some brief about the issue, so that can guide you precisely as nothing has been mentioned in the above query except three words.
Hi. Sorry I could not submit my question fully. My family consist of me, my young brother, mom and father. the house we used to live was in the name of my dad. he constructed the house while he was working. Later when I started working I built a floor above the existing house and now me my mom and brother live in this first floor. The floor was constructed by housing loan where i am the primary applicant and other 3 are co-applicant. The loan is running for 5 years and being serviced by me. Now my father is asking us(me, brother and mom) to leave the house due to differences citing that this is his home and we dont have any right to stay, Although the land is in his name the first floor was constructed entirely by me and being serviced by myself. Do we (me and brother, mother) have legal right over this house (first floor)?
Asked 6 years ago
your mother can file DV case seek right to stay in matrimonial home
2) seek an injunction restraining your father from selling the house
3) refuse to leave the house
4) let your father take legal proceedings if he so desires
Definitely your mother has rights of residence in the house, as long as she is your father's legally wedded wife.
Your mother can file DV against your father and she can claim in property. If Property is self acquired by your property then you cannot claim any share.
See you mother being wife and her matrimonial home can claim right of residence in the property, since father is owner of property he can evict you as there was no.agreement you on your own will spent the amount on the property.
Your mother has legal right you also have the right till the amount you have invested in the property. You can file suit to recover the amount and claim residence right
It is stated that for the loan you are the principal borrower and the three others including your father are co-borrowers. As the land is owned by your father, it is evident he has mortgaged it for the loan purposes. In case of any default, your father too shall be liable in law. Please highlight these points in discussion with him and reason out, so as to make him not to insist on your vacating house.
Without any agreement for the additional construction in the existing building with your father your claim for residence or any rights over it may not be maintainable.
However you may issue a legal notice to your father to return the money what you spent for constructing the additional floor over his property or to execute a registered sale deed in your favor insofar as the first floor is concerned.
Let him go to the court, where you can put forth your arguments and let the court decide.
The land belongs to your father and hence he is the owner of anything that has been constructed over it. You must have an agreement stating that you have rights over that floor.
Now the loan has been taken by you and it is being paid by you but you are being evicted.
Therefore file an application for injunction against your father so that he may repay the amount spent on the property by you.
Regards