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Property Belongs To Whom?

Discussion in 'Relationship With In-Laws' started by SeekingMind, Sep 26, 2016.

  1. SeekingMind

    SeekingMind Silver IL'ite

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    My father-in-law's brother passed away few years back. He has 3 children all married, 1 son and 2 daughters. His wife is alive.
    He purchased land 300 sq yards for house but all the expenses for the construction of the house were taken up by his son. The sale deed is in my FIL's brother's name. He did not transfer it on his son's name.
    Now, whom does the house belong to?
     
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  2. joylokhi

    joylokhi Platinum IL'ite

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    The normal practice is that the property will be divided equally among all the legal heirs i.e here, it is his widow, son and 2 daughters(even if they are married) based on a legal heirship certificate to be obtained from the proper authority. This is on the condition that he has not left a valid will.
     
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  3. SeekingMind

    SeekingMind Silver IL'ite

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    No, he has not left any will.
    Its been a year. Since last one year aunty has been moving between her children. She stayed for 3 months with her daughter in India, then went to US, stayed in her son and other daughter's house for 6 months. Returned and is now with her daughter in India. The house is a double storeyed one. Aunty wants to now return to her house. So, the daughter in India is saying she will move into that house along with her family. Her husband is fine with that. Since house is double storeyed they want to make some changes to the house so the upstairs becomes and independent flat. That way they can take care of mother as she will be near to them and same time have their space, privacy too. And give their present apartment on rent. But, the son is saying since he spent all his savings and constructed the house so it rightfully belongs to him. And, he cannot give that right on the property to his sibling. He says he will buy a separate apartment for his mother near to his sister's present apartment so that she can look after her but not allow any remodeling of the house.
     
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  4. joylokhi

    joylokhi Platinum IL'ite

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    It is not a question of the son not giving right to property. He cannot independently claim full right on the property although he has spent on construction etc. In such cases, it is always good if all concerned can sit together as a family, and arrive at a congenial agreement between them. Sadly when such is not possible, there is no go but to go the legal route.
     
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  5. SeekingMind

    SeekingMind Silver IL'ite

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    My father- in- law has advised them to sit together and discuss and sort it out. The daughters are willing for the sake of their mother but son and daughter- in- law are unwilling. Son has already told them never to raise that topic with him. Their mother is tired of moving house to house between her children. She wants to go back to her house, hire a full time maid and live on her own. Daughters don't want the mother to live alone on her own. My FIL is also holding himself from suggesting to the daugthers to go the legal route fearing the family reputation getting tarnished in society.
     
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  6. SeekingMind

    SeekingMind Silver IL'ite

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    We also don't want my inlaws to get into this. They are also old and get worked up emotionally over this everytime. If we advise my FIL to suggest to them the legal way and get over this, I want to know what will happen, what would be the outcome.
     
  7. joylokhi

    joylokhi Platinum IL'ite

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    Here, I feel the mother's desire to stay in her own home should be agreed to. But again, it is a question of her safety even if she has a full time maid. If the daughters really care for their mother and want to look after her, they can agree for their brother's suggestion to get her an apartment near to the sister's one in India. They can however insist that the brother gives them their share of the value of the land at current rates (1/4th share each for 2 daughters and the mother). As u say suggesting a legal solution will have its repercussions in the family relationships. It is better if your FIL does not go beyond telling his SIL(the widow) to convince her children to arrive at a decision.
    I have come across so many of such battles over property. It leaves us sad to think ultimately money becomes the main issue once children grow up and have their own families!
     
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  8. SeekingMind

    SeekingMind Silver IL'ite

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    I really doubt the son will give the daughters their shares as per what my FIL could judge the attitude of the son. The daughter in law also thinks that the daughters are trying to grab their property. My FIL says his brother when alive never mentioned that the house should be in son's name. The son bought a house in US and settled, so the father feared what would happen to his wife after him. He infact always used to ask his daughter and son-in-law who is in India to give up her apartment on rent and come stay with them as they were living alone in that huge house. That way they would also save up some money too. But,the daughter never did that fearing what people would think. Now since her mother would be alone she wants to do that but only after remodeling the house and making upstairs independent.
     
  9. dnormx01

    dnormx01 Gold IL'ite

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    Since he paid for the construction, he considers the whole thing his property? How smart. How about the daughters returning him a part of the money, so it would come to equally spending on the building. And let the old lady's wish be fulfilled. I feel the daughter in India too is trying to play smart. Maybe that's what the son is scared about. If they are so worried about the mother living alone, they should pay the son 2/3rds of whatever he spent and level things up.

    Hope the old lady has her wish fulfilled. Pray for her peace and harmony.
     
  10. SeekingMind

    SeekingMind Silver IL'ite

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    Can someone tell legally, whom does the whole property ie., Land+House belong to if the father did not transfer it on son's name? Does it automatically go to son since the son spent money in construction of the house?
     

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