House and land property
Hercules
(Querist) 26 December 2012
This query is : Resolved
Respected Sirs,
I would request for the following information.
1) My mother was gifted land by her father. She had some savings and with the help of my father and her father built a house. After my fathers death my brother started harassing her. He took money from her and constructed the 1st floor of our house.The property tax is on my mothers name but my brother is claiming the 1st floor on the basis of construction bills he made on his name. He also took money from mother and paid light bills for some years. As per christian law can he claim the 1sr floor of our house or my mother has complete control on our house.
2) My mother gave 2 rooms on rent and with the deposit she received she bought some small property. It is on her name. My brother is harrassing her this property was bought with my fathers money and he has right to it and forcing her to give it for development to construction builders who are his friends. Does he have a right on this property or will he have to accept what share my mother gives him.
3) He sold a small plot of land after my father death and took my mother to the builder and she signed the documents. Later when she approached the builder she was told that the money is given to my brother. We don’t have any documents pertaining to the land what action can we take against my brother and the builder . This transaction took place 20 years ago.
Thanks for going through my queries.
Awaiting your answers
ajay sethi
(Expert) 26 December 2012
if you have slept for 20 years you dont have any rights to property sold by your brother . your mother willingly sgned documents and did not take any legal proceedings against her brother .
with respect to property bought by your mother in her name she is absolute owner of same . her brother cannot force her to give same to builder for development .
as far as property given by your grand father to your mother as gift was any gift ded executed by her father .if no gift deed then your uncle has equal rights on said property .
Raj Kumar Makkad
(Expert) 01 January 2013
Your mother is exclusive owner of 2 rooms property and your brother can do nothing against that property. The sold plot against which he tool money from builder has gone and is a closed chapter now/ The house property over which your brother has constructed first floor is definitely a property which requires to be partitioned and his right thereon first floor shall duly be reckoned with. Obtain stay order against him from the civil court.
