Legal Question in Real Estate Law in India
Daughter claim over mother property bought by father funds
My daughter has filed case against me in Ludhiana court on land purchased by my husband and constructed house on that land on my name . She is claiming my father has purchased land on my mother name from his funds being his wife and my daughter has also invested lot of amount in construction of house and first floor is the portion under her possession and ground floor is under mother . She claimed mother and brother agreed to give first floor to sister during father life time but after his death mother is threatning to sale this property. she need stay that mother can't sale it and she needs first floor possession as per oral and documentary evidence. My daughter has all material bills during construction time. I have made will on my son's name. I would like to know wether daughter will get the stay on house or she has right to 1/3 share and how strong is her case . Can i dispose of my property as case is in court.
3 Answers from Attorneys
Re: Daughter claim over mother property bought by father funds
Decision of court can not be predicted. However, prima facie, your daughter may get stay.
In case you dispose of your property after filing of case, sale would be subject to outcome of case. During stay, sale will be void.
Re: Daughter claim over mother property bought by father funds
Since the matter is pending in court, it is better you consult your counsel who has access to entire court records. Any advice, without examining the entire pleadings, evidence and interim orders pass thus far, may not be proper.
If you want my advice, please send me copies of entire record with a certificate from your counsel.
Re: Daughter claim over mother property bought by father funds
once she files a case in the court, even if the court doesnt grant her stay, still the property cannot be sold as there is a bar u/s 52 of transfer of property act that once the suit is pending, no third party interest can be created.
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