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Dwarakanath Cheyyur (Partner)     06 May 2011

Daughter's Claim on Propperty

My Wife has two Siblings. One elder sister and one younger brother. Her parents are still alive. The property in question is in the name of her father and is not ancestral. However my wife was the only person who was earning well and was instrumental in constructing a pucca house on the property with loans from her PF and other sources. She has documents to prove this. Her younger brother was unemployeed during that time and did not in any way contribute to the house construction or for any other expenses including day to day expenses. My father-in-law is a retired army havaldar and after retirement worked as a security officer in a private concern. However he depended on my wife for the day-to-day running of the house as well as for construction of a pucca house, Before that they used to live in a thatched house on the same premises. We got married in 2003. All the above happened before our marriage. Now my father-in-law without the knowledge of my wife sold a piece of vacant property to a third party and also saying the house and rest of the land will go the son and the daughters will not have any share in the same. When confronted, he is asking us to go to court. Is there any legal recourse for my wife especially since she has spent a lot of money on construction etc. Even if she does not have a right on the land, is there any re-course for her to get back the money spent on construction with interest? Her elder sister has given in writing that she does not want any share in the property and we suspect she has been paid some amount of money for doing this.



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 3 Replies

v.Govindaradjou (B.sc., B.L)     06 May 2011

Sir,

To my knowledge your claim is barred by limitation.

niranjan (civil practice)     06 May 2011

If you have proof that that previously there was a hut only and now there is pucca house on the land and you have proof of having spent your money for construction, I think you have right on the house though may not have on the land.If your father has sold open land,you cannot do anything but so far the land on which you have constructed,you can challenge the arrangement made by your father as you have charge on the property and your father cannot deprive you of that right. You can file suit.
 

V. VASUDEVAN (LEGAL COUNSEL)     06 May 2011

In my view, there is NO limitation. The cause of action having arose recently, your father selling and disowing your rights on the constructed property, you can file a suit and claim for partition and obtain injunction.

Vasudevan


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