Legal Question in Real Estate Law in India

Legal Rights

My mothers property has been transfered to her kids, after her death. (thats me and my sister)Ground floor mine & first floor for my sister, now my father after 15years wants to do some construction for commercial purpose.My sister is opposing it and I don't want any commplecation in my sister's life, but father is insisting for a GPA to do construction.

All taxes are being paid by my sister and her portion is regularided on her name.

Q - Do my father has a right to claim.

Q - Can be construct on first floor without my sisters concern.

this issue is creating problems with in us.

My father married and staying with his second wife and three kids, one of his and two of his wife first marrage.

Iam staying outside my father family.

Please advice me as per muslim personal law and indian property dispute law.


Asked on 8/13/01, 10:20 am

2 Answers from Attorneys
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Legal Rights

It is not clear from your question whether it is through the Gift deed your mother has transferred the property to her or it is through the will made by her.

If it is Gift the property gifted must be without consideration and physical possession has to be given and Accepted, without which it fails.

As for as will is concerned she cannot give more than 1/3rd, and others heirs should consent failing which, the Will is invalid.

As far as your father is concerned if it is gift than no problem otherwise he will have right to the property.

Even if gift is made and Accepted by both of you, the law states you have to protect your father or mother in old age.Your father can claim maintenance from both of you, and you are liable to maintain from the property of his wife that is your mother.

It is advised that you all sit together and discuss and come to an understanding and that you will maintain him, but if he does not agree and asks for power of attorney do not give she has all the rights to stall him if it is a Gift, otherwise please consult another advocate who practices in court

Thankyou

B.Balasubramanya.

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Answered on 8/16/01, 12:10 am
Satish Maheshwari Vakilbabu

Re: Legal Rights

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 8/16/01, 3:08 pm


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