Rights of son & daughter
Kishore
(Querist) 18 August 2016
This query is : Resolved
Dear Expersts please guide me I want truth about my father's property, I want to know my rights. My mame is Kishore we are five members ( Father, Mother, My Sister (She is elder) Me and my younger brother.) Sir my father bought land 3 cents from his own sister at that time me and my sister studying degree and inter. We are middle class family. MY sis completed her Degree she tried for competitive exams, she got a job in Bank after that we started to construct our own building on our father purchased land. my father didn't put even a rupee for our building but the property is in his name. Total amount paid by my sister salary and outside loans. The loans also paid by my sister. This happened 9 years back now I got a job in govt sector recently, my sister is now getting married she is 29 years age now, she awaits for getting marrage till i get a job while because she thought after her marriage I have to become backbone to my family's economic background. "Sir now the problem is my father selling our own house and getting money he want to leave us, why because he addicted drinking and gutkas even he make my younger brother also addicted like him after my sister's marriage he never gets her salary he do nothing for his daily expenses too. My mother is uneducated, he need money for his addicted activities that's why he is going to sell our own house we don't have any other property we only have that house. Nowadays for lady marriage lots of problems will be rising even we will loss our own house we will loss our identity in our own village. Please suggest me we(me & my sister) dont want to lose our house. The house was on my fathers name please suggest me what to do.?
Kumar Doab
(Expert) 18 August 2016
Discuss with an able counsel at your location with all documents that you have.
Your counsel may opine on the remedy that you can have.
cherukuri prasad
(Expert) 22 August 2016
Mere keeping the name in father's property do not make him owner. He is just ostensible owner. You can obtain injunction from court by filing suit for declaration of title.
Guest
(Expert) 22 August 2016
Mr. Kishore,
There is much more artificiality than a problem in your description.
The question arises, on what basis your sister could get loan for construction of house on the land not registered in her name?
Secondly, in a middle class family of five that depends upon the salary of a single person, it could not be quite easy to repay loan along with interest within 9 years by your sister, if the amount was spent on construction of a house.
Anyway, so far as your query about right of son & daughter is concerned, none of you have any right on that property during the life time of your father.
Rajendra K Goyal
(Expert) 25 August 2016
The property is in the name of your father, he can sell / gift / mortgage / bequeath a will for the property.
Try to have amicable settlement.
Kumar Doab
(Expert) 25 August 2016
Try for amicable settlement/registered family agreement.
