• Right of property

Sir, I have been staying with my parents for last 8 yrs since my marriage. Ours was love marriage and we are staying on first floor and my parents on ground floor. We are not having cordial relationship and they keep insisting that my wife brings dowry. the first floor was build my money from my savings and some help from my in laws. Now they want to sell the house and offering me the amount that I had spent at that time(near about 10 lac). The house is being sold at 90 lac. They are helping my sister financially and plan to take a flat for themselves and my sister. We would be left homeless with my 2 children. What should I do? please let me know my rights(or my children's right) in this matter and legal options available to me including wether stay order can be taken so they cannot sell the property.
Asked 3 years ago in Property Law from Rohtak, Haryana
Religion: Hindu
1) litigation would be counter productive 

2)it is your parents self acquired property 

3) they are free to dispose it 

4) the amount advanced by your in laws and you are being returned 

5) court will not grant any stay against  sale of the property 
Ajay Sethi
Advocate, Mumbai
45456 Answers
2669 Consultations

5.0 on 5.0

The property belongs to whom, father or mother, if it belongs to father and subsequently if you have invested your savings into the construction of the 1st floor with some financial help from your in laws, then you and your wife and children would be right to stop your parents from selling away the house only to fund the purchase of a flat for themselves and financially help out your sister.
You can indeed approach the civil court and obtain an injunction against your parents from selling away the house, you will need to produce evidence that you indeed funded the construction of the first floor and that you and your family do not have any other property or dwelling house other than this house.
Also be prepared to pay money to your sister to support her if need be 
Kiran N. Murthy
Advocate, Bangalore
995 Answers
89 Consultations

5.0 on 5.0

1) It is possible to get a stay on the sale or alienation of any form with db injunction from the court as you would be left homeless of it gets sold.

2) If the house is standing on an ancestral property or if the house itself came down as an ancestral property to your parents  you can claim your share of the right in the ancestral property and the house cannot be sold without your consent.
3) Once you file for an injunction your parents will certainly open up for a negotiation. You cannot be dispossessed from your house easily. Resist any attempt of sale without your consent until you get a staystay from the court.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

A. Your query is silent about the nature of the property origin i.e, Ancestral or self acquired.

B. In case property is ancestral, you can challenge the alienation which is committing from your parents. However, you don't have the right to question the same if the property is self acquired of your parents.

C. You can exercise right to preemption which means that anyone would like to selling his property,first preference should be given to the other heir to purchase the property is called the right of pre-emption.If after giving him notice if he does not agree to purchase the property you can sell to other.If the seller does not abide by the rule,other heir can file suit to establish his right of preemption and sue for cancellation of deed.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

1. In whose name the said property stands?

2. If it stands in the name of your father or mother or parents, then he/she or they is/are the absolute owner of he said property and can do whatever he/she or they wish to with it,

3. You or your children have no claim on the said property during the life time of of it's owner,

4. Get your differences with your parents settled amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
18433 Answers
448 Consultations

5.0 on 5.0

You have to clarify certain things like, on whose name  is the property standing now? Whether it was self acquired property or inherited, if inherited whether it was ancestral in nature.
Assuming the property to be self acquired, the owner of the property has full rights to dispose it in the manner he or she desires to. 
On what condition were you allowed to construct the first floor?
Do you have the evidences for funding the construction of first floor?
Is the money or finance lent by your in laws having any concrete evidence to prove the same?
If yes is the answer for above two questions, you have almost half won but the situation is tricky, your lawyer should make the pleadings tactfully to claim the property based on your finances towards the construction of the first floor in order to get an order of injunction restraining your father from alienating the property without your consent.
T Kalaiselvan
Advocate, Vellore
35621 Answers
386 Consultations

5.0 on 5.0

1. The house in which you are residing has been, I presume, registered in favour of your father or mother.

2. The owner is at liberty to sell the house. You cannot stop him from disposing the property.

3. The first floor may have been built from your money, but the question germane to decide your legal rights is whether it has been registered separately in your favour. If the answer is yes then you can seek a stay order against the sale of the first floor. However, if it is not registered in your favour then there is no legal right which you can assert against your parents. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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