Right to property
Ganesh
(Querist) 02 July 2009
This query is : Resolved
A 60 year old man has a plot of land inherited from his father. He has 4 sons, he wants to build a house for himself on the plot 2 sons agree to give financial support the remaining 2 sons are not willing to support the old man. The old man is in dire need of a house. The question is that will the remaining 2 sons after the death of the old man claim right to the property or the house. What is the remedy available to the old man at present and the 2 sons who are willing to give financial support to the old man. The Land is inherited by the old man. He has no place to live and seeing his pity condition the other sons are willing to support him but the remaining 2 do not care for their father. Can law give no remedy for this injustice and teach a lesson to his remaining two sons. This problem of Old age people is getting very much agrravated in our country. Can law support them.
A V Vishal
(Expert) 02 July 2009
Dear Ganesh
The query says that the person has inherited the piece of land, in case where only 2 sons are co-operating financially to construct the house, the person can dispose the house to them through a will upon his death alienating the other two sons, however, all the sons have share in the land and the other two sons cannot be alienate from the land because of not supporting their father financially.
Jayashree Hariharan
(Expert) 02 July 2009
land will go to all the four sons, and the two sons who give financial support for the house, can claim the house also, as it is their money.
since it is not practically possible. The two sons giving money can take their share of money given for the building of house, from the other two sons, at that time.
sanjeev murthy desai
(Expert) 02 July 2009
As per mitakshara law that properties considered as Joint family porperty and ancestral property. If the acreactions of that ancestral property i.e, constructed a building with help from the any members of the that family that property considered as Joint family property. As per Hindu Law that all sons have equal rights as co-perceners.
adv. rajeev ( rajoo )
(Expert) 02 July 2009
When it is ancestral property then all are liable for the equal share, even in the house which will be constructed by the father they will get the share. When it is ancestral it is not advisable to construct the house. If the old man wants to construct the house he has to file a suit for partition and get compromised by alloting the shares to his sons and let him construct the house in his share only.
a.manoharan
(Expert) 02 July 2009
Dear Experts,
A 60 year old man has got a plot of land inherited from his father. How ? First it has to be decided . Suppose , if that property itself is old man father's self-acquired property AND THE SAME WAS GIFTED by will or Settlement ,whether all his sons are co-parceners or not ? Please discuss in this angle.
sanjeev murthy desai
(Expert) 03 July 2009
Dear Manohar,
After the demise of his father all his properties devolved upon his son only and his was succeed to his estate as per inheritance. If that properties acquired through a gift or will or settlement then also mithakhsara law considered as co-percenary property only in male issue otherthan it is seperate property.
If the property acquired from his father through Gift/Will that property does not considered as inheritance property.
