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PAncestral land is leased on my name for 100 years since I took a load for construction of the house and other assets on the land. Now my father is being manipulative and trying to fuck me over with my siblings.
That land is also the same land which is in the will to be distributed equally when he passes. I can see my siblings get greedy.
Whenever it is that my father dies, can I keep the land for my use for the next 100 years without sharing w my siblings? Or is the will more implementable? -
BLawyer here, based in Delhi. It really depends on how strong and legally valid the lease in your name is. If it is properly executed and registered, and you are the official lessee for 100 years, then your rights under the lease will usually take priority. In that case, even if the land is mentioned in the will, your father cannot override a valid lease by simply bequeathing the land to others.
On the other hand, if the lease is informal, unregistered, or not legally enforceable, then your siblings can challenge it after your father’s death, especially if the will says the land is to be divided equally.
Also, since it is ancestral land, there may be additional complications depending on how it came to your father. Your siblings could claim a share by birth if the property is considered ancestral under Hindu law.
Bottom line: your lease gives you a potential advantage, but its legal strength is everything. You should get it reviewed to make sure it actually protects your rights, especially if you invested money into building on the land.
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PWhere do I get it reviewed?
Also during the distribution of the land, is it taken into account how much money someone has invested into it while building it? Especially when the other brother hasn’t provided anything in building the land? (No monetary compensation, he claims he stayed here and maintained the land, and has done labour for the family)
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