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  • Category: Indian Law

    A doubt regarding paternal property rights


    Are you facing some issues with regard to your rights to your paternal property? Are you facing a threat of being denied the rights by someone who is claiming the rights? Follow this thread to get to know about your rights and the legal recourse available in case of need.

    I have a stepmother and one step sister. One sister died due to COVID last year. My father's property was actually bought by my grandfather but for the construction of the house my father had taken a loan as he was working in a bank. I have one uncle and one aunt. As my father took home loan that house is in my father's name and my uncle also stays there in one side of the block. Unfortunately, my father have lost the original documents of the house. We have fear that my stepmother is not in favor of giving half of the house to uncle and the half the property to me and wants my father to give the whole property to my stepsister. Is there any law in India by which she can deny my uncle's and my rights on that property. Please advise.
  • Answers

    8 Answers found.
  • Editor can shift this thread to the ask experts section so that inclusive and apt reply would be given by the experts because the subject need to be clarified.

    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • No, she cannot deny your legal right at any cost, though your father has lost the property documents but the same can be procured from the office of the Land Registration. What you need to do is to approach the concerned officials apprising them of the Khata No, Mauja and Plot No in order to retrieve the duplicate copies of your land.
    Since you have stated that the house is in your father's name and in that case, your uncle would not be entitled to that property. The house can be divided equally between you and your step mother. It means you are likely to get half of the portion of this house. Your step mother has a daughter and she would legal beneficiary in the event of death of your step mother. If she makes a legal declaration of this property in favour of her daughter. She would be the genuine beneficiary in that case.
    You can discuss the same with a property lawyer for better guidance in this connection.

  • Since your father has taken the loan of the house from the bank (not sure loan is settled or not yet, or building completed or not etc.), it is understood that Grand Father's property legally has owned by your father without uncle, and with or without mutual understanding between them. Legal dispute may arise here if no settlement done to your uncle first of all by presenting his legal documents. If he is okay with the compromise among you for share rights then no issue at all for further document for future share proceeds.

    You, your uncle and associated one have all the rights on the property equally (as per the share term) and legally, so, no question about the stepmother or stepsister denying you all for the share with or without their knowledge.

    The Verbal commitment mostly doesn't work legally and you and uncle have the full rights to claim your shares legally but need to either solve it amicably / mutually (with registered documents) or with the strong advocate's legal proceeding, written share documents to avoid the future issues and claims etc.

  • The bank will not give a loan to your father if the property is in the name of your grandfather. So even though your grandfather bought it as per the records it will be your father's property only. Is the loan cleared completely? If not the original papers will be with the bank.
    If documents are lost we can apply for duplicate documents and obtain them. That is not an issue. The property is the earning of your father. It is not ancestral property. So your father can write a will and can give it to anybody he wants. Nobody can object if he wants to give it to your stepsister or stepmother.
    If it is ancestral property, your father can't have any right to give it to anybody as he likes. All the sisters, brothers, wive and grandchildren( Children of children) will have right on that property. If somebody is trying to illegally claim we can proceed legally and we can stop.
    But as per the description you have given, the property is a self-acquired property of your father and it will not be considered ancestral property.

    drrao
    always confident

  • This property has two parts one is the original property that the grandfather possessed and other is the property which had been added by the father after taking a loan from the bank. So the ancestral part of the property has to be divided between all the claimants like your father and the uncle. Your father would get the incremental part also as added by him from his own earnings. After that division the respective property holders can give it to their dependents like wife, sons, daughters etc. So first thing in this case is to get the property mutated in the names of the father and uncle by applying in the prescribed format and getting it approved and registered in the local property controlling office or municipal board whatever the case may be. This is a very important task and is to be completed so that no one can try to do something of evil nature and cheat others by some inferior techniques. If you take these precautions and get the property mutated in the names of the natural successors then in future there will be no problem. The stepmother will not be able to take any advantage out of the existing weaknesses where the property papers are missing and there is no clear cut title to the property as your father had only managed it in his name for taking the loan.

    Knowledge is power.

  • "..my stepmother is not in favor of giving half of the house to uncle and the half the property to me and wants my father to give the whole property to my stepsister." As far as your father is alive, he can dispose off the property in any manner he wants. No one can have a say on that. The independent wish and intention of your father is mainly important.

    In anyway your uncle cannot claim any rights as the property was bought by grandfather and thus not an ancestral property.

    However the crucial point here is what was narrated n the deed by which the land is transferred to your father's name for construction and availing loan for the same.
    Even if the original is lost, a copy of the same can be obtained from the related Sub-Registrar Office(SRO). You can dig into the old papers and locate some papers like land tax paid receipt from where you can get the survey no and deed no on the land. With that you can approach the SRO and apply for a certified copy of the original deed. By reading that you can know the legal facts related to the transaction.
    Then you can know if your father has the absolute ownership and full rights to sell.
    In case the deed gives absolute rights for sales and pledge etc. to your father, then he can make a valid transaction deal by himself as he deems fit.

    However your uncle or you can approach Court for an injunction against any sale or transfer of the property, if you can prima facie make a case that you have valid rights on the property and your rights are now denied. But the case may take a long time to conclude. Moreover in such a situation it will be causing heartburn among close relatives and family members.

    Hence, what is suggested is to know the intention of your father. Obviously h will be under pressure from both sides. But if all the arties are sincere and willing to settle amicably, then a mutually acceptable settlement can be reached. If needed you may use the goodwill of real well-wishers. in the family for arriving at an amicable settlement.

    (Just for sake of explanation only)-In case nothing is settled and your father expires(God forbid) then all the surviving legal heirs of your father will have rights on the property.

  • No, absolutely not. Your stepmother does not have the right to take away the rights of you or your uncle. If we talk about the legal form, then the provisions are like this -

    If the property belongs to the grandfather, then the grandchildren have full rights over it, even the parents cannot take it away. If the property belongs to the father, then the father can divide it among the children according to his wish, but the father cannot be forced. At present, along with the son, the daughter also has full rights on the property of the parents, which the law provides to them. That is, you can be sure that your property right cannot be denied.

    As far as the property papers are lost, it is also not a matter of great concern, you will get the original copy of the document from the concerned registered office of the area in which your property is located, it is quite a simple process. For this, if you want, you can get it done yourself or through an agent. You and your father's presence will be mandatory at the time of collecting the documents.

    Let's talk last about the decision, although there is also a system of civil court for such matters, my first advice is that if we settle the family matters by mutual agreement, then the decision will also be right and the relationship will also be maintained for the future because the relationship The role of property is much more than wealth and money. Still, if the situation gets out of hand, seek legal help and claim your rights.

  • First of all; if your father lost the original documents; then you can use photocopies for the same and can get the duplicate from authorities. You may need to lodge FIR for missing documents.

    If you don't have photocopies of the same then you can get the copies from the bank from which your father had taken a loan. Property registration, Furd, and TS-I can be obtained from local government authorities.

    Also, you have electricity bills, water and sewerage bills, and property tax receipts. And these can help you to get documents from authorities.


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