You can file suit for partition to claim one third share in property
2) enclose bank statements as proof of one third payment made by you
3) you can stop paying him monthly maintenance
Distribution of joint family property
Hello sir, I am an govt empolyee. i have a house in serampore,that is registerd in name of my parents.this house with land was purchased and rebuiled by collective money and efforts of mine,father and my younger brother(who is also in govt service).i have transferred all money in bank account of my father since 2003.house was purchased in 2006.i have no other house for living.i have been giving money to my parents for monthly maintenance as he has no other source of income except house rent and me and my brother"s help.he is dependent on us. but now situation is not favourable for me.i just shifted my family with two kids in house in march 2019.i got married in 2005 and since then i kept my family with me.but situation changed i have to shifted family at home, serampore.as my children are studying there.my brother"s family is also residing in that house since 2011 after his marriage. presently my father does not like my family .he is not doing his duty as house master.he is misbehaving,quarreling,neglegting to my wife and kids.my wife n kids are hurted with his behaviour.he told me if you want to live seperate ,you may go. i told him to take care of my family,his attitude towards my family is not supportive n caring.they became burden for him.he is brainwashed by my some relatives including my brother' wife.he is betraying me . now i have two questions: 1.as my house is not ancestral property and as i contributed my hard earned money in house purchase,may i asked for my share as third part of property?can property be divided after sale in three parts? i just need my share and want to be seperated from them now. 2. may i stop to give him money for monthly maintenance as he is not doing his duty as guardian and he becomes partial.he also told me that i do not need your alms.he is getting money from house rent and from my brother on monthly basis as i am paying.i also paid him extra money for family expenses. you are requestd to kindly go through the whole matters and guide me what to do in this situation? regards. santosh
Asked 5 years ago in Property Law
Religion: Hindu
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10 Answers
There is sufficient provisions in law to protect the interest of person paid the consideration of any immovable property.
The law says joint owners are entitled to interest in such property in proportion to the shares of the consideration which they respectively advanced/paid, in absence of any contract or agreement to the contrary.
So keep all records of your payments towards consideration of the house. In addition if there is any submission of any of the parties in the income tax or wealth tax returns with regards to contribution made by each party towards consideration of the property in question, that will serve as a good evidence in court.
In case of need you can file a partition suit for your share in proportion of share of consideration made by you or you can even file suit for declaration of your share in the property.
Hello,
It would be difficult for you to claim the property if it is on his name but you can stop the maintenance as you have another sibling who also has the duty to maintain your father .
Regards
1. Well, the parson on whose name the property is registered and the house mutated are considered to be tis owner , i.e. your parents. Though you have contributed in setting up the house,It would be difficult to prove this unless you have the documentary proof in support thereof.
2. Your parents are entitled to maintenance to be borne by you. It is not their obligations to discharge their duty as master of the house. They have brought you by their blood and sweat. Now try to repay a part of their debt by giving their maintenance.
However legally you can file a suit for partition to get a share in the house if you have proof of payment in building it and during pendency of the suit you can refuse to vacate the portion of the house which may be occupying.
Yes you can ask your share. If all are ready you can execute registered partition deed in the same. It's your personal decision to stop the money.
1. The title of the property stands in the name of your father.
2. So, ordinaril;y, you or your brother or any body else has no claim on the said proper ty.
3. However, you can file a declaratory suit before the Court praying for a declaration that you are also a shareholder of the said property since it was purchased with mostly your fund in the name of your father.
4. Upon availing the said order, you can also file a partition suit in connection with the said property.
Hi,
In the present situation, you are suggested to file a partition deed for that house and also ask share in rent. As regards to parents maintenance, you are suggested to pay as per their requirements and no extra amount.
1. See since the house is registered in parents name as such you have no right over same to claim share out of the house but if you have proof of consideration paid towards the house you can file a suit of declaration seeking ownership share in the property. in case you establish the consideration paid by you then only you can demand share otherwise it is solely his discretion.
02. See you can stop maintenance though if he is senior citizen he can under the senior citizen welfare and maintenance act can demand maintenance from you.
Since the property is registered on your father's name alone, it becomes his own and absolute property, you may not be entitled to claim any share in it as a right at least not during his lifetime.
However there is nothing wrong in you issuing a legal notice seeking partition and your share in the property on the basis of your contribution towards purchase and construction of the property, let him give a reply after which you approach court of law, which will decide the issue as per law.
You can very well stop giving maintenance amount to him citing that you are not able to manage the finances as your family is also growing and their needs are expanding. Let him approach court where you can express the same thing and let the court decide based on the facts and the circumstances
Dear client
If you want share in your father's house either you have to show the money given to him as loan for house. Or you just wait and make sure he does not right any will in favor of your brother just stay in good terms with him. If he tranfer the property to your brothers name you won't be able to do anything after the tranfer as it is self acquired property of your father.
