dispute between father and son
raghavan
(Querist) 20 November 2009
This query is : Resolved
sir,
my father and me jointly own a property. the ownership rights is only towards vacant land. only ground floor is constructed out of the land and i am staying in the property with father and my wife. after a while, due to differences between us he stays with sister. he proposed to develop the property by adding more floors in the building a let it out for rent. as i was in good terms he asked to enter into agreement and collect the rent myself. i started to receive the rents but after a while he changed his mind and now asking me to vacate the house and hand over the property to him. all negotiations failed. he is not budging. please advise me. am i having legal right. to what extent. what will be my position if he goes to court.
Raj Kumar Makkad
(Expert) 20 November 2009
You have equal share in the property and it can be partitioned but you are not required to vacate it legally.
Legal Eagle
(Expert) 20 November 2009
Mr. Raghavan, you say that you have only ownership rights over the land purchased by you and your father.
Could you please clarify as to who has the development rights of the said property.
As you also mentioned that the said property is developed, and let out, could you please inform whether there is any documentation executed between the tenants and the owners.
Please give proper details.
Also note, you need not have to vacate the premises occupied, if there is proof to show that you are the owner of the said premises.
raghavan
(Querist) 20 November 2009
dear Kashmira
i have separate title deed in my name. but my father only developed the property. but i dont think any particular evidence exists to that effect. though both have share in the property, property tax is paid by me in his name alone. all the reciepts are with me.
the tenancy agreement was executed by me alone and that was allowed by him previously. he is very rich, he is asking the property in order to harass me and my family.
please madam/sir advise
with warm regards
raghavan
Devajyoti Barman
(Expert) 20 November 2009
You being the co-sharer and co-owner of the property tour father has got no legal right to ask you to vacate the property. Since the said property is a undivided one you should immediately file a suit for partition and injunction for determination and identification of your share though at which time your father may ask for adjustment of the amount of money expended by him to develop of property to prove which the onus is upon him only.
KUMAR JAGADEESAN
(Expert) 21 November 2009
Dear Mr.Raghavan
You have stated that you have ownership rights on land only and has documentary proof for it.You have also stated that the property has been developed with your consent but with his resources (you have not contributed to the development). You have been collecting the rent on his behalf and the entire property has been assessed to property tax in his name.
If he goes to the court you may have to take a stand that he had agreed to grant you the possession and ownership of the existing ground floor for allowing him to develop the entire property (including your share of land)or otherwise demand proportionate built up area in your name by agreeing to pay the cost of construction. It would be better if you move the Court first asking for ad interim injunction against eviction.
J.KUMAR
Hyderabad
