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House built by uncle now he is claiming right over it
15-Nov-2023 (In Property Law)
My paternal uncle(younger brother) builded the house on the land (in satara, my native place) owned by both, him and my father. The house was build 10-12 years ago. My father did not contributed for building house as he was under financial crises. Uncle took permission for building house from my father forcefully. Now he is staying alongwith his family in the same house. We rarely visit our house. My father is also paying half of the property tax and electricity bills of the house. However, when my father wanted to divide the house and have his share, my uncle denies and ask for the money required for building house. Though expenses involved during building house was less but he demands more from my father. Please advice so that my father get his legal right over the house and he can stay in his owned legal house.
Dear Querist,
From the information supplied to you the short answer is yes, your father does have a right to stay in the said house.
However please note the given situation has many offshoots which need to be considered in detail i.e. the source of the land on which the house is built.
I assume your father and uncle are real brothers. First you need to check whether the land on which the house is constructued is ancestral property of your uncle and father or whether it was self acquired. If the land belonged to your grandfather either by virtue of it being ancestral property or his self acquired property, then does your father have any other siblings / legal heirs, date of demise of your grandfather etc. and whether your grandfather had willed such property or he died intestate.
You also need to check whose name appears on the Property Tax, 7/12 extract CTS of Plot, Completion Certificate and whether such is in the joint name of your father and uncle. Is the house situated in Co operative Housing Society, whether 2 storied etc. and whose name is listed as Member. Though it must be remembered that certain names listed on government / municipal records are not conclusive proof of title or ownership.
If the house is constructed on ancestral property then your father any other siblings may file partition suit for determining his share in the property.
Does your uncle has all the necessary records / proofs for substantiating his contribution towards construction of the house should he demand his share from your father. Was any loan availed on the construction of house, on whose name and has your uncle repaid the loan in entirety.
Since apparently the intention of both your father and uncle seems to reside in the said house, an effort should be made to settle this amicably i.e your willingness to come to an acceptable solution either in terms of division of the house or settling any monetary claims etc. and if not only then legal options should be contemplated.
From the information supplied to you the short answer is yes, your father does have a right to stay in the said house.
However please note the given situation has many offshoots which need to be considered in detail i.e. the source of the land on which the house is built.
I assume your father and uncle are real brothers. First you need to check whether the land on which the house is constructued is ancestral property of your uncle and father or whether it was self acquired. If the land belonged to your grandfather either by virtue of it being ancestral property or his self acquired property, then does your father have any other siblings / legal heirs, date of demise of your grandfather etc. and whether your grandfather had willed such property or he died intestate.
You also need to check whose name appears on the Property Tax, 7/12 extract CTS of Plot, Completion Certificate and whether such is in the joint name of your father and uncle. Is the house situated in Co operative Housing Society, whether 2 storied etc. and whose name is listed as Member. Though it must be remembered that certain names listed on government / municipal records are not conclusive proof of title or ownership.
If the house is constructed on ancestral property then your father any other siblings may file partition suit for determining his share in the property.
Does your uncle has all the necessary records / proofs for substantiating his contribution towards construction of the house should he demand his share from your father. Was any loan availed on the construction of house, on whose name and has your uncle repaid the loan in entirety.
Since apparently the intention of both your father and uncle seems to reside in the said house, an effort should be made to settle this amicably i.e your willingness to come to an acceptable solution either in terms of division of the house or settling any monetary claims etc. and if not only then legal options should be contemplated.
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Adv. Abhiraaj Sanjeev Kulkarni
Pune | 25+ Answers
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