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Right of the elder son in mothers property
09-Mar-2023 (In Property Law)
The house was build by mrs. A. she had 2 sons X,Y and 1 daughter Z. Mrs. A built a house after her husband retired and was staying with her elder son X his wife and his 3 kids. X was not much educated and neither had a job as the Mrs. A never sent him to school or took proper care of him. She got him married and was taking care of his wife and kids. after her younger son got married and brought his wife home. Mrs. A started living with him and his wife and they were later blessed with kids. now after 30 long years Mrs. A has asked his elder son X his wife and kids to leave the house and get out. She has also filed a false case against her Son X his wife and kids along with her younger son Y saying that they harass her a lot. Does this mean that they have no share in the property and they cannot get any rites.
Dear Sir,
I have read your query.
Yes it is true that if its a self owned property of Mrs. A and if she doesn't wish to share the property with Mr.X, he is not entitled to any share in property. However Mr.X and his family are residing in the property of Mrs. A since many years, so they enjoy adverse possession over the premises. Contact me for further details.
I have read your query.
Yes it is true that if its a self owned property of Mrs. A and if she doesn't wish to share the property with Mr.X, he is not entitled to any share in property. However Mr.X and his family are residing in the property of Mrs. A since many years, so they enjoy adverse possession over the premises. Contact me for further details.
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Adv. Jenal Bharat Busa
Mumbai | 100+ Answers
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Dear Client,
if the house has been constructed by your mother from her own hard earned money, then Mr. X and even Mr. Y will not be able to stake claim as a right during the life time of Mrs.A. That during her lifetime if she bequeaths the house by making a Will then also Mr. X and Y cannot do anything. However if you can show that the house was constructed from the income of the husband of Mrs. A , or from the income of his ancestral property then Mr. X has a chance not otherwise.
if the house has been constructed by your mother from her own hard earned money, then Mr. X and even Mr. Y will not be able to stake claim as a right during the life time of Mrs.A. That during her lifetime if she bequeaths the house by making a Will then also Mr. X and Y cannot do anything. However if you can show that the house was constructed from the income of the husband of Mrs. A , or from the income of his ancestral property then Mr. X has a chance not otherwise.
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Adv. Rozario John
Pune | 100+ Answers
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Mrs A is the absolute owner of the property only in case if she has build the house from her own resources then only she has the right to dispose of the property without any restrictions. however, in case the source of resources to build a house is from retirement money of the husband then the mother cannot tell elder son and wife and kids to get out of the property.
In case of Hindu, it can be a joint family property, the Son and his wife and their kids have the right to occupy but it cannot be termed as matrimonial home of his wife to assert any right over the property as far as ownership is concerned
In case of Hindu, it can be a joint family property, the Son and his wife and their kids have the right to occupy but it cannot be termed as matrimonial home of his wife to assert any right over the property as far as ownership is concerned
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Adv. Swapnil Harihar Patil
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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