Property rights
Charan
(Querist) 25 September 2017
This query is : Resolved
Hi Sir We are two brothers and my father is living with my younger brother. I constructed a house in the agriculture land. Now I am living there. And that land is in name of my father. Land nature is self acquire and accenture as well. Now my father want to make a court case against me. That I forcefully constructed the house. Even he has sperate agricultural land in his name. And he want to transfer that to my younger brother. I am from haryana. Please advice what should I do. Can I claim my share while father alive or not.
Charan
(Querist) 25 September 2017
We are Hindu family.
Charan
(Querist) 25 September 2017
We are Hindu family.
Ms.Usha Kapoor
(Expert) 26 September 2017
Since the farm house property stands in your father's name your father s an absolute owner can deal with the property in whatever manner he l;likes. You can't calm a share in that property despite your constructing a house therein.
Guest
(Expert) 26 September 2017
Construction by you or not, legally, you can't claim any share out of that land during his life time.
Guest
(Expert) 26 September 2017
I agree with the views of both the experts.
Vijay Raj Mahajan
(Expert) 26 September 2017
The land in question may be in your father's name but it came in his possession and name by way of his inheritance from your grandfather than you get a share in the said property.
As I can understand the agricultural land usually get inherited from fore-fathers and are ancestral in nature unless was purchased by an individual from his own self earned money.
Ancestral property has share of all children and grandchildren and this aspect cannot be ignored in your case too.
Vijaymahajan5758@gmail
Guest
(Expert) 26 September 2017
Vijay Raj Mahajan, if believes as per your statement, "the land in question may be in your father's name but it came in his possession and name by way of his inheritance from your grandfather than you get a share in the said property, he may perhaps have the need to recheck the authenticity of his views with reference tot the property laws, specifically when a property has already been registered in the name of some eligible heir on inheritance.
Rajendra K Goyal
(Expert) 26 September 2017
you have claim on the property if the land is ancestral. In Haryana in no. of cases the land is ancestral.
If the property is self acquired by the father, your claim has negligible merit in your favor.
P. Venu
(Expert) 26 September 2017
Please ascertain whether the property is ancestral or otherwise. If ancestral there could be remedy.
Kumar Doab
(Expert) 26 September 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 26 September 2017
Usually parents do not discriminate and resort to such actions.
Try to repair the relations.
You have NO forced share in self acquired estate/property of your father.
Kumar Doab
(Expert) 26 September 2017
You have mentioned in your post that the said Land is self acquired and ancestral both.
Hopefully you are aware of the boundaries of both.
The house constructed by you is in boundaries of which land; self acquired and ancestral or both!
The amicable settlement might be possible.
Offer your share to your father from ancestral land and request for Registered Family Agreement/Settlement and mention the boundaries of land on which house are constructed by you, and house as your share and ownership.
Kumar Doab
(Expert) 26 September 2017
Agreed with suggestion of Mr. Vijay Raj Mahajan and observation of Mr. Rajendra K Goyal.
.
Get the mutation record and all link docs duly checked so as to determine how the land passed hands and came to your father.
It may just be an assumption that the land under name of your father is self acquired.
Guest
(Expert) 27 September 2017
Fake expert, Mr. Kumar Doab, with fake name, without real ID, only misleads the querists by creating confusions by making multiple posts. Apparently, his last three posts contradict each other in one or the other aspect.
Further, when asked you to confirm whether you are Hindu or not, what was the logic in making other three posts without getting your clarification, as law differs for Hindus, Muslims, etc..?
If he presumed that you are a Hindu, what was the logic in asking you to confirm? APPARENTLY, HE DID NOT GIVE YOU ANY EXPERT'S ADVICE, RATHER MADE MERELY A NUMBER OF VAGUE POSTS COMPELLED BY HIS BAD HABIT JUST TO CONFUSE THE QUERISTS, HAVING ANY PROBLEM FOR THE REASON BEST KNOWN TO HIM ONLY.
.
Dr J C Vashista
(Expert) 30 September 2017
If the land is self-acquired your father is within his right to take the land back despite the fact he had granted you licence to construct house.
Besides this, even if it is ancestral, your father can ask you to vacate the land since the land is "self-acquired" during his life-time in terms of few judgements delivered by Apex Court.
