Inheritance
Querist :
Anonymous
(Querist) 02 July 2018
This query is : Open
Hi Experts,
I have been continuously residing in my parents house for more than 9 years, solely occupying the entire 1st floor of the house along with my family. My parents n my mom alone after my dad's demise have been residing on the front portion of the Ground floor to which I too had a liberal access 24 × 7 since there is no partition. The rear portion of the Ground floor has been given on rent wherein both me &. my mom have signed jointly as owners in the rental agreement. I have an elder sister ( only other legal heir) not residing in the same city & state. She & her family put up in hotels during their stay / visits n never put up in my house.
After my dad's demise, my mom refused to allow mine or my sister's name to be included in the property & we respected her wish. Even my dad's name hasn't been deleted as then our names would have to be added as legal heirs.
The property is self acquired by my dad. My mom has since moved out to my sister's house in another state & city leaving the entire house to me . Now my query is whether I can register the 1st floor of the house including garage in my name ,since I had been solely enjoying it for more than 9years . It has been verbally decided 10yrs. back that I would be inheriting the upper portion of the house & no other member of the family including my mom had free entry in my portion of the house as it would be locked during my absence.
How to go about with the mutation of the 1st & garage in my name ? Secondly, I have to lease out the rest of the house on Ground floor on rent as owner... sole signstory. Will that 'Rent Agreement' be valid.? Lastly can my sister force my mom to will the house in the name or the 1st Floor, which I have fully furnished & also spent enormous time, effort & money on interior decoration.
Thanks & Regards
P. Venu
(Expert) 03 July 2018
The property is vested with the legal heirs of your late father, viz. the mother and the siblings. A family settlement or partition needs to worked out and duly executed. Mutation in revenue or survey records is not absolute as to title to property.
Querist :
Anonymous
(Querist) 04 July 2018
Will a 12 year adverse be applicable in this case, since I am enjoying the entire property n also leasing it out to tenants
Querist :
Anonymous
(Querist) 10 July 2018
Will a 12 year adverse be applicable in this case, since I am enjoying the entire property n also leasing it out to tenants
