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Question
Hi,
Greeting from Raghu G.

     I'm Raghu G, 51 years old central Govt Employee(Defense). Our family consist of father, mother, two sisters(elder) and me(only son). My father(working in HAL) past away when i was around 13, before his death, he bought a land from his saving in the name of my mother(now 80+ years old). After his death we constructed a house in that land with aid of my salary.

    My mother without my knowledge, recently she gift deeded this property to her daughters. My mother, she stay with me. My sisters(elder), both are married.

    Can you please suggest me, do i get my share if i appeal to court. As i invested shares of my salary in this property construction and maintenance. I stay in the same property currently. I have a family consist of a wife, two sons and a daughter.

         Thank You

         Regards
         Raghu G

Answer
Thanks Raghu for your referral.

Yes, you sure have a remedy.

(A) Firstly the land was brought by your father and unless he has made a will and disinherited you from the property, you have a right in the land after your father's death. Your mother gets 1/2 share and you along with your brothers and sisters get another half.

(B) Secondly, as to the house, if you have constructed it with your own money, you sure have a share in the house for amount you have spent.

You may file a suit in the court for declaration of your share in the house property considering both (A) and (B) above and you will sure have a favourable decision. The fact that you have been staying in the house all along and your mother was not earning and had no separate income (if she wasn't/ didnt have) and could not have contributed to construction of house are two further points in your favour. This is valid even if the land and house stands in your mother's name.

Suggest to consult with a reputed civil lawyer and proceed on the above lines. You will have to firstly issue lawyer's notices to your sisters and mother to start the process and once you do that, your sisters would come on negotiation table to settle the matter. You may have to give them their share in (A) above to settle their claim. Furthermore, you don not have to leave the house and should never do it unless the issue is settles.

Am sure, this will work for you. Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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