• Property ownership / share

I am 40 years old and currently settled in USA. Back in 1999 I contributed in construction of our family house in Gurgaon India. My father is the owner of land on which this house is built and my contribution was almost 90% in the house construction cost. Due to problems in family my father has asked me not to come inside the house and have also threatened that he will get me beaten up by people if I come there. I want to know what legal help can I get to make him understand that I have some rights to visit the house and meet and help my ailing mother.
Asked 2 years ago in Property Law from United States
Religion: Hindu
1) going to court would further aggravate the situation 

2) it is better you involve the family elders to resolve the issue 

3) if your mother is not keeping good health she can insist that she wants to stay with you 

4) I presume both land and house is in your father name only 

5) you can move court for  declaration that you are having share in the house as  90 per cent cost has been borne  by you 
Ajay Sethi
Advocate, Mumbai
44208 Answers
2562 Consultations

5.0 on 5.0

The title to a property flows from the sale deed of it. So if the sale deed is registered in your father's favour then he is the absolute owner of the property, and therefore can restrain you from entering the property. The sale consideration may move either from the buyer or anybody on behalf of the buyer. The only remedy for you is to file a suit for declaration of your ownership to the property as you had paid the consideration. The remittance of consideration by you will have to be proved through cogent documentary evidence.
Ashish Davessar
Advocate, Jaipur
22964 Answers
631 Consultations

5.0 on 5.0

1. He is the owner of the house which has been constructed on the land standing on his name,

2. Based on his ownership, he is within his rights to ask anybody to refrain from entering his house,

3. You can enter in to the said house if you can prove that the belongs to you for which you shall have to file a declaratory suit  praying for a declaration that the house belongs to you since you have paid 90% of its construction cost,

4. If declared by the Court, you can visit the said house,

5. If your mother wants, she can come out of the said house and meet you and if your father obstructs her such visit, she can lodge a police complaint against him for illegally restricting her visit to her son. 
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

If you want to meet your sick and ailing mother and apprehend that your father or others may harm you during your visit to your home in India, you may lodge a complaint against your father and those others about your apprehensions and seek their protection during your visit to your house.
If the local police do not respond properly, you may seek the assistance and intervention of the higher police officer of the district.
T Kalaiselvan
Advocate, Vellore
34366 Answers
368 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer