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Property Belongs To Whom?

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

  1. yellowmango

    yellowmango IL Hall of Fame

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    If the son invested even 12 lakhs minimum a decade back......and if the property is in a good area...then his investment alone would be worth at least one crore now + his share of the land.So morally he does own a huge part of the property.The sister has no right to claim a big share from it.
     
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  2. KashmirFlower

    KashmirFlower IL Hall of Fame

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    Land is purchased by FIL's brother. Land value increases with time (at least in India as of now)
    Building cost is by his son. Building value decreases with time.

    if building is there or not still land value increases I feel.

    May be Land value should be separately estimated, and made equal parts and the son gets building value also. But still mother is alive, she should be able to live in that house, as a respect to her wish.

    This is also old age law I feel, where in a joint family, son used to take care of his mother, so immediately after father's death, son gets his share along with his mother.

    I think if it is not a inherited property but earned by father, then after father mother should get all rights and then after her death , it has to be divided among their kids,
     
  3. justanothergirl

    justanothergirl IL Hall of Fame

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  4. somsar2014

    somsar2014 Silver IL'ite

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    Good morning Lady.

    In a very short way I am answering this question . Please go through the provisions of Hindu Succession Act 1956 and probably you will get all answers to all your queries there.
    To categorically answer your question, please let me know the answers to my queries.
    1. Did the deceased person leave any will behind , which had been registered ?
    If the answer is NO, then none is going to get any special treatment or rights etc.
    2. Did the daughters gave up their rights over fathers' property ?
    If not, then the son is not going to get more than equal shares with his sisters and mothers.
    3. Are the daughters and wives desirous of giving the son everything ?
    If not, then the son has to be content with one fourth of the total assets ( one fourth because number of inheritors are four : wife + two daughters + one son)

    If you still have more queries, let me know.
    Thanks.
     
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  5. dnormx01

    dnormx01 Gold IL'ite

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    OP, If this daughter in India and her DH would have got an opportunity to go abroad for work, would they have taken care of the parents? Did they sacrifice some such opportunities just to be there for the elders? They are in India coz of their professional stability and it's their responsibility to take care of an ailing father. He is the son in law's dad too. No bonus points here, please.

    Coming to any changes to be done to the property, as much as the son needs an noc , she also does. Again, the son is scared to let her in for the obvious reasons mentioned by many here.

    I somewhere feel the daughter is playing it very well. She knows if she goes legally, it will take ages to get hold of the property. So she's involving all relatives and painting a bad picture of the son and elevating herself as the 'savior' here. And now with all this legal information, subtle blackmail will follow. Already he has no standing locally, few people like your FIL too are being influenced and then scare him off quoting legal sections. Again, this is totally my assumption.

    12 or 20. If she is just interested in the welfare of mother and her family has already been supportive, get an evaluator to value the building, pay the son and then do whatever you want. Let her be magnanimous. After all she's not greedy and just loves her parents. While the son is a greedy,money minded person. Let each get what they love.
     
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  6. Lakshmi6197

    Lakshmi6197 Gold IL'ite

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    I also feel that India daughter is using this as pressure tactics to get her way. That is why the son is being given a moral science lesson today and not when he was planning to go to US. This is a classic case of how parents sabotage their relationship with their own children and the children's relationship among each other as well. That inheritance issues crop up is an irrevocable fact in all families. People have unrealistic expectations of their own sons that they should write off their investments and that daughters would not victimize their own brother when occasion arises.

    @SeekingMind - parents had 3 children:

    1. Son in US who financed the building of the house. But did not physically take care of his parents - thats his fault so he should forget his investment in the house.

    2. Daughter in India who took care of the parents but did not pitch in financially. Has a high moral ground for this help rendered - hence should be suitably compensated with residential rights of a floor of this property today and an equal share in it.

    3. Daughter in US who did nothing but since daughter in India is getting a share - so should get a share to ensure things look all legal and not awkward as India daughter is demanding her share as compensation for services rendered.

    4. Mother is supported by her daughter and just wants to go back and live in her house. She is the key who can be impartial to her children and ensure each get their rights. But if is a typical Indian parent, will do nothing about it in her lifetime and will play helpless to get the best of both the worlds.

    Crux of the matter - father bought land and wanted to build a small house for himself. Son pitched in and built a large 2 storey house as he wanted to stay with his father and the father let him. In an Indian scenario when the sons build a house for their parents, it is under the implicit condition that the house will revert to the sons after the parents. In this case the house was in the name of the father, then probably would go to the mother but would ultimately revert to the son. That has been my understanding and have not seen contrary to this in my life. I know only the north Indian perspective.

    According to OP the father actually wanted this property to be distributed between all his children equally. Did he spell this out to his son in year 2000 when the son was investing 12 lakh in constructing the house? And knowing that the property will be divided in the future, he invested in it. This sounds strange and contrary to common logic - as where would the son go after his parents if he were in India living with his parents? Living in India I don't think many people make the kind of money that they can pay off (1.5/4)*3= 1.125 crore (share to 2 sisters and 1 mother) in cash today. If the case was reversed and the father had survived for another 10 years, how much more would the son have to pay? May be you know such people who have crores in petty change, personally I don't.

    The mother just wants to go and live in the house. So she is not doing anything to salvage the situation. I guess she just wants to delay this infraction through her life. Daughter wants her share of the property, live in the house and remodel it as well. All these things don't go together. Son should pay through his nose for the house again and give the possession rights to the daughter indefinitely as you don't know how long the mother might live. So where does this all leave the son? Would you let your husband do this? Do you not think the parents took the son for a jolly good ride? At least I think so. All the best.

    Moral of the story - The daughter has a watertight legal case but a very weak moral one.
     
  7. SeekingMind

    SeekingMind Silver IL'ite

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    1. No the deceased person did not leave any will.
    2. No the daughters have not given up rights over father's property.
    3. No, as far as I know the daughters are not willing to give up for the son even though the mother may consider giving the son.

    Till the father passed away, the daughters did not call up the brother and family for help though they felt he should understand the need. Many a times they hinted to him indirectly to help but there was no response. My FIL who is the deceased person's brother told the son directly that the daughters are hesitating but his help is need. But still not much response. When the father was sick, the daughter who lives in US came to visit him often but the son would always say he was busy. It was like he was getting the information about his father from his sisters and other relatives so he felt as though there was no need for him to take up the responsiblity of his father. It was always the daughter in US who pitched in to physically help the one in India when needed. Son never felt he should atleast take turns in taking up the parents responsibilit. Now after their fathers death the daughters feel they have equal right over fathers property which is the land. Son is furious because the house on that land is built with his money so he thinks the entire property belongs to him.
     
  8. coolgal123

    coolgal123 Platinum IL'ite

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    Op, the daughter in India wants her share in the property or she wants to live in the house just for taking care of her mother?? She should clear her intention.....she should not make it like that my mother wants to live in the house and for taking care of her I have to move in and for moving in I have to remodel. ....if she wants her share she should come up front and if she doesn't want her share and she is just moving in for taking care of mother than she should give this in writing.....
    Morally daughter has right in the property as she is the one who was taking care of the parents.....but at the same time son also has equal right + money which he put in the construction...although exact construction amount can't be calculated but lump sum can be paid....
    Daughter asking for large share in house is wrong....also if son thinks that whole house is his because he gave construction amount it is also wrong....here indian daughter has legal and moral rights on the property.....but she can't take a bigger chunk because she took care of parents.....for that matter son also took care of them financially.....

    I think here indian daughter not putting the demand for her share directly....instead of that she is playing the card that i am the caretaker hence need to move in and trying to take high moral ground and trying to make the son villain.....
    She should put her demands straight forward. ....
     
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  9. SeekingMind

    SeekingMind Silver IL'ite

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    For someone who may think why we should even bother about others family matters.........
    My FIL's brother helped my FIL get education though he himself was newly married and struggling financially. My FIL's SIL also co-operated with his brother and thats why my FIL feels he is indebted to them. His SIL also trusts him and speaks openly to him about their family matters. Both his SIL and brother always approached him for help or advise if needed. My FIL is like a member of their household. That's how their family matters become matter of concern for us too sometimes.
     
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  10. SeekingMind

    SeekingMind Silver IL'ite

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    Daughter in India says since mother desires to return to her house so she is ready to go and live with mother and look after her. Since its not just her now that she is married and have kids too so she says they need their own space and privacy. Also, she says if her inlaws or their side people visit it will look good and people will feel free if they have a separate portion to themselves. So, she wants to remodel one floor of the house and make it independent of the ground floor. She is ready to bear the costs. When she came up with this proposal my FIL didn't find anything wrong in it. At that time there was no talk on share in property. It was just that to make it more convenient for all ie., her mom and her inlaws side too if ever they visited them, she wanted to remodel. But, when the son came to know, he got all furious. He started telling he built the house and so he has right on the entire property and he is not ready to give anyone any right to do anything on it. He said he will buy a flat near to the daughter's flat and said she can look after their mom like that. The daughter said he need not take the trouble to buy separate flat as their flat has enough space to accomodate mom. So, like that back and forth ugly words went on for few months and finally now the mom ended up living with the daughter in their flat. Son is ready to rent out the huge house even at low cost. My FIL wanted to talk to the daughter in law but she is acting all very innocent of whats going on. After my FIL explained her and asked her to talk to her husband on this, she said she is no way concerned with his family matters. He can look after those. Earlier the daughter never asked for her share and all but now seeing her brother's behavior she is saying she fears that if she lives there without asking her share, she will be looked down, taken advantage of and as per their wish they will ask her to stay or vacate. To put a stop to all this, she says only when she sees her name on her dad's property papers she will move in else mom can stay with them as long as she wants. So, now the only way left is go the legal route.
     
    Last edited: Sep 27, 2016

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