kumar 10 August 2021

Son's rights on mother's ancestral property

Hi Sir,

My father had constructed building on my grand father's(Mother's father) land but once my dad passed away then only we realized that my dad had borrowed money from relatives & friends to construct the building and my elder sister marriage, i have 2 siblings(1 younger sister & 1 elder sister).

Since i am the only son , after my dad passed away complete responsibility came on my shoulder, from my salary i cleared all loans which were taken for house construction & my elder sister marriage and i spent money for my younger sister studies and i did her marriage also with my money. i never escaped from my responsibilities.

All these were happened 10 years ago and 7 years back my grand father also passed away. once i got married and due to job i relocated to another city and i have been sending money for my mother's expenses too.

During this visit to my home town by looking at electricity bill i came to know that with my sisters & brother-in-laws support my mother had transferred property on her name as a gift deed from my grand mother(Mother's mom) which was not informed to me as they suspected i don't support it.

Since i took complete responsibility and spent lot of my hard earned money for my family , i asked my mother whether she has any interest to write a will that i am the only legalizer after her.

Unfortunately due to my sisters & brother-in-laws influence she denied.

I am completely shocked and no words i have now, can't digest how people behaves strange no ethics nothing. .

Since i spent my hard earned money for my family I request to advice me what can i do now and what are the legal rights i have on that property now and after my mother ?

Thank you,

Regards,

Kumar.

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3 Replies

G.L.N. Prasad (Retired employee.) 11 August 2021

Is your mother living? In whose name the house stands? What is the documentary proof that discloses that you have availed loans to construct the house and that you have repaid the same. You have not disclosed whether the property was in the name of your father or mother. If the property was in the name of your father as per Municipal records or if the loan is availed through the bank, you have a hope to seek 1/4 share treating that the property was left by your father without a will and for declaring the gift deed an invalid one. Only a local advocate can find you relief after studying the documents. Leaving apart of the facts, whether there is a property or not, as a son you have some responsibilities the religion/tradition thrust on son. Performing responsibilities is different from property distribution. You have performed your duty as a son and whether mother and sisters realized your such sacrifices or not within legal ambit. Some treat property is foremost than relations with the only brother as some do not realize the importance of "myka"

kumar 11 August 2021

Thank you sir for replying, yes i agree that i have responsibilities and till date i have been completing them without fail but not ready to be fooled any more and i am thinking to stop sending money to my mother ,will it affect my legal rights on that property in future? then main intention of posting question here is to understand my legal rights on that property and i don't have any intention to pull them into court steps, just wanted to understand do i have any rights on the property.

Here are the answers for your questions

Is your mother living? Yes

In whose name the house stands? It was on my grand father's(Mother's son) name, once he passed away my mother transferred the property on her name as gift deed from her mother. actually my mother is one and only daughter hence my father didn't ask my grand father (Mother's father) to transfer land on his name before constructing house because he thought there will be no legal issue as she is the only daughter to her parents.

Loans were borrowed from friends to construct house and and relatives and not from the banks to show repayment details.