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Type of Agreement required to take property back from father
10-Aug-2023 (In Property Law)
My father has a 1 storey house in 20 cents land. I built a house in my father's land adjacent to the old house spending 50 lakhs. I am an NRI. I have a wife and no kids. I have a brother but I am the sole provider in the house as he is debt-stricken. The house is in my father's and mother's name and they stay there. Now, after 6 years, I came to know that my parents without me knowing had kept the property document in bank and took 36 lacs and wants me to pay off the debt too. I have no idea why. No one questions my father's action in my house. I kindly requested if they can write the house(new one alone) to my name for a guarantee. They said its yours for sure but doesn't want to write an agreement. I am planning to request them again. Kindly advise what kind of agreement should I make them write? I just need low-cost agreement that will ensure I will get this house for my use in future.
Fathers self acquired property can be alienate his own wish. You have no right over fathers property. But in your case you buildup the house by using your own money so its your duty to establish that. So in such a situation you can claim over that money. So first you have to execute a document to show that you paid and meet all the expenses of newly constructed house. Secondly try to create a document like gift deed or settlement deed in your favour with regard to the property.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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From the facts posted, the property belongs to your father and legally, he is entitled to deal with it in any manner he at his discretion during his lifetime; that includes the house you had built. The only way to protect your (de facto) interest therein is in convincing your father to execute a gift or settlement deed in your father. In Kerala, execution of such deeds do not involve much of an expenditure. The father could also make a WILL, but given the facts posted, it is not a safe option. A will could be altered at any time and the last WILL prevails.
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Adv. P Venu
Vaikom | 500+ Answers
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