1) I presume your father died intestate
2) on his demise his share would devolve on your mother and you
3) mother cannot execute will for entire property
4) at most she can do it for her share in property
Mother made a will to give all property to other although I built 2nd floor
I have built the 2nd and third floor of the house with my all hard earn money... The owner ship of the house and land is now with my mother and father and my father died .... Now my mother want to make a will and give the property to other person. Me my wife and my children will be died as we survive with the rent of my own build portions 2 and and 3rd floor what should we do sir please help
Asked 4 years ago in Family Law
Religion: Hindu
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12 Answers
If she took her share also then I would not get my own create portions....my wife and child will die if i get only 25%
Asked 4 years ago
You are not entitled to more than 25 per ce t share
mother can by will bequeath her share to whom so ever she pleases
you are at liberty to challenge the will on her demise
How many brothers and sisters you have ? From the above, it seems that you are the only son of your mother.
As you said, the property is in the joint name of your mother and father in equal share i.e. 50:50. After the des6of your father, his 50% share came to you and your mother. You are only the owner of 1/4th share in the entire property. Your mother can deal with her share I.e. 75% in any manner but since the property is joint, it requires partition so that you can get your share. You can claim the money spent on construction from your mother.
Under these circumstances, contact a local lawyer file a suit for declaration, partition and subsequential relief and obtain stay from the court immediately so that she cannot create any third party interest. In result, there may be compromise between you and your mother on the mutually agreed terms. Good luck.
On what basis did you build the two floors above in the land which never belonged to you.
Have you got any agreement to this effect st least any oral agreement permitting you to build two floors on your own.
If your mother is trying to transfer the property to a third person, then on the basis of your investment in the building construction you may file a suit for permanent injunction restraining her from doing so.
Besides as the property beneath was jointly owned by your deceased father, as one among the legal heirs you are entitled to a share out of his share in the property.
On that basis you can seek restrain order against your mother restraining her from going ahead with her proposed transfer of property.
You file a suit for permanent injunction against your mother to restrain her from transferring the property as desired by her and also seek declaration of title to two floors on the basis of documentary evidences in your possession.
Let the case be dragged on for years, the litigation pressure will bring them to a compromise situation after which you can settle the matter amicably
If the property is self acquired and received bu your mother through will from father then you can't stop her from giving to anyone
No matter who's name the property is.
You have contributed to the property. So you are legally entitled to get proportionate share in the property or compensation in lieu of share.
Make a statement of expenditure incurred by you towards construction of upper floors and arrange some documentary evidence in support of expenditure to the extent possible.
File a suit for declaration of title including claim for immediate injuction for any disposition of the property.
No need to worry. Law is with you.
1. Did your father die intestate (without executing a WILL)?.
2. Assuming that your father died intestate, then his share in the self acquired property devolves equally to your mother, you and your brothers and sisters.
3. Your mother can only bequeath her share in the property to any other person and she can't bequeath your share in your late father's property to someone.
- As per law, if the said property is in joint name of mother and father , then after the demise of father , his share in the property would be devolved upon all the legal heirs equally, i.e. mother and you & other siblings if any.
- Further , being the owner of the self acquired property , your mother can refuse to give her share in the property to anyone including you.
- However, if you have funded for purchasing or in construction of the said house , then you can file suit for declaration & injunction , for becoming owner of the house and to restrained your mother from selling or transferring the property to anyone.
You can contact me, if further suggestion needed.
1. Ordinarily, the construction made on the land of a person will be owned by that person only unless otherwise directed by the Court.
2. If your father has died intestate, you shall own share of his share of the land & building constructed by him along with all other legal heirs of your deceased father including your mother.
3. Your mother can not bequeath the entire property of your deceased father if he has not executed any will and on the said ground, you can not be totally evicted from the said house.
4. You shall have to file a declaratory suit praying for a declaration that you have constructed the said two floors from your own hard earned money to own the same as agreed by your deceased father whom you had looked after.
5. The matter will be decided by the Court.
6. Engage a lawyer having expertise in this field.
1. The Court will not decide on the ownership of the property depending on your family's requirement.
2. The decision will be based on facts and points of law only.
plz file a declaratory suit to declare you as owner of the 2nd and 3rd floors
