Legal Question in Civil Rights Law in India
Regarding House living right
Hi ,
My dad's brother purchased a house in 15 yrs back and he was with us till his death . He has 2 bro and 2 sisters . My dad is younger to him .
My dad did all the funeral ceremony to him .
We have been paying the house tax, eb and all . My aunt was living in that house for 12 years and as she talked for the living right we vacated her by giving some amount & got the bond too . Now the house is in our control .It is four years gone till we got the house from my aunt and totally 15 years gone till the house was purchased.
My dad's elder bro and another aunt says that they are also the legal hires of the demised brother and they seek share other wise , the house will be given for a mutt(they say they have the document given by the demised man).
Our view is ,none of them did do any thng for the demimsed man , my dad has spent 2 laks for maintanence of that house .
My question is , 1. can we claim for the living right for that house .
2. As my father did the final ceremony and as per the hindu law , does my dad come as the legal hire ?.
3. my dad has 50 % of the share as he purchased my aunt's share .
Kindly advice
Ramesh
4 Answers from Attorneys
Re: Regarding House living right
1. No.
2. No.
3. The share he purchased will remain with him.
The right of inheritance does not come to a person by performing last rites or taking care of the deceased. You are a legal heir either as per statute or in terms of will left by the deceased if the property happened to be his self acquired. All other considerations have to be kept aside for determining rights as legal heirs.
Re: Regarding House living right
Repeated question. already answered.
Re: Regarding House living right
Self acquired remains with purchaser. Funeral rites do not create right in property.
Re: Regarding House living right
you cannot claim to be legal heir only by performing last rites
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