I have 7 sisters (one of them died) and I am the only son. One of my nephew living in our house since his father ( my brother in law) had died.On compassionate grond my father gifted a parted
land in the name of my sister to make their house. In the meantime I made a little construction in the other part of the house though I have been living out for my job. Naturally my mother, sister and nephew are living there using the house that I built. Recently my nephew got furious threatening me restricted my entry in the house.
Asked in Property Law from Jalpaiguri, West Bengal
1) on father demise you have one ninth share in property
2) your sister is absolute owner of part of land which was gifted by your father
3) you cannot make any construction on land gifted to your sister by father . if you have constructed additional rooms on the house built by your sister your sister can restrict your entry .
4) ideal solution is to enter into deed of family settlement with other legal heirs for division of balance land by metes and bounds
Please tell me the way how I could solve the issue and stay separately in the house I built. All my sisters had been married off in my childhood. One thing I forgot to mention that when my father was alive he made a statement in white paper
"After my death all my moveable an immovable property will be in the name of my only son" There on that wirtten paper were signed by two of our neighboring persons and my sister who's son is creating the issue. Please help me with your valuable legal advice.
Asked 7 months ago
1) it appears to be will executed by your father . i presume your father signed it and it attested by 2 witnesses
2) apply for probate of father will
3) notice would be issued to all legal heirs
4) you have to enclose father death certificate and affidavit of Attesting Witness
5) if no objection received you would get probate in 6 months
6) then apply for mutation of property in your name
If the portion of the property over which you have made constructio has not been properly registered in your nae then you do not have ny rights over the property and the structure raised over such property is illegal. Hence legally you cannot initiate any action to evict yor nephew rom the house property. However as the fact of your construction over the said portion of land is known to everyone in yor family, you may ask your father to register that portion on your name by executing a registered settlement deed in your favor after which you can legally evict them from that house, before that a cordial situation may be maintained.
If your father made a will and signed it in the presence of two witness, you can enforce the will by applying for its probate and try to acquire the properties.
Since your father is not alive, you may have to get the consent of all your sisters or a registered release deed in your favor to get the entire properties registered on your name.
A partition deed may take years to get disposed and you may even stand to lose your house in the melee.
File a suit for injunction against your nephew to restrain him from interfering in your peaceful enjoyment of your property.
The statement reduced to writing by your father if witnessed by two persons constitutes a will.