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Bhanu Pratap Singh (Sales Executive)     19 July 2013

Investment of son in father's property.

Dear Sir,

My Father bought one land in 2005 and constructed Ground Floor in which I had invested money with father, but I gave only cash to my father at that time. After my Love Cum Arrange Marriage in 2008 my sisters created problems at home and we (me & my Wife) left the house and went on rented house after 2 months of marriage. in October 2010 my mother brought us (Me, My Wife & my Daughter) back to the same house. My mother & Father asked me to construct the First Floor and to live there. My father is old (65 Years) was a patient of Brain Hamerage and Physically Weak now. HDFC gave the Loan jointly to me & My father. Bank kept the Registry of the Land, which is in the name of my father. Now the First Floor is ready and We (Me, My Wife & my Daughter) are living there. But my Mother, Father, Married Sisters are fighting with us and forcing us to Vacate the House. I have spended a Very good amount of round 30 Lacs on the house and I am repaying the Bank Installments per month, which is deducting from my account.

Can they through us out of the house legally?

I heared that my father prepared a Will in the name of my elder sister and she is threatening to my wife & daughter(4 Years old).

If there is any Will, can my sister ask us to vacate house legally after my father?

Kindly tell me the possibilities.

 

Regards

Bhanu Pratap Singh



Learning

 2 Replies

vivek malhotra (Advocate)     20 July 2013

Ur father is at liberty to make Will in any of his legal heirs giving the same to him/her.

You have to file a suit for permanent injunction in the court praying for restraining ur brother, sister and parents from evicting from you from the said property as you have invested lot of money in the construction of the said house and you have equal right.

Bhanu Pratap Singh (Sales Executive)     21 July 2013

Dear Sir, Thanks for your reply. Please tell me whether my Sister is able to force us to vacate the house legally if any Will exists after my father? One more thing my father cannot  make a signature as his right hand doesn't work properly, now he is using only Thumb Impression. In this case will the "Will" be valid if exists any.


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