- This topic has 30 replies, 22 voices, and was last updated 1 year, 1 month ago by
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Q**Background:**
* Approximately 30 years ago, my father purchased a plot of land and constructed a house on it. The house was registered in my grandfather’s name.
* My uncle (father’s brother) and his family were permitted to live in this house. Over time, due to my uncle’s irresponsible behavior, including a tendency to sell off land, my father had the land legally transferred to his own name. However, the house remains registered under my grandfather’s name.
* About 10 years later, due to ongoing issues caused by my uncle, my father purchased an adjacent plot and constructed a second house, where we moved. Since then, my uncle’s family has continued to reside in the original house.
* My grandfather passed away seven years ago and my uncle passed away five years ago. Last year, his son (my cousin) got married.**Recent Developments:**
* At the time of his marriage, my father informed my cousin that he would be given half of the original plot and was advised to construct a separate house on that portion, with the expectation that he would vacate the existing structure in due course.
* Despite this, no action was taken. Today, my cousin has started renovating the old house without our permission.
* When confronted, he has responded with threats of legal action, claiming:
* The house is in our grandfather’s name;
* His family has been living there for nearly 30 years;
* Therefore, they have a right to the property.**Current Position:**
* The land is legally owned by my father.
* The house, while in my grandfather’s name, was built entirely by my father.
* The occupancy of my uncle’s family was permitted out of goodwill and not based on any legal or ownership rights.
* My cousin is now taking unilateral action (renovation) without ownership or consent.What can I do?
PS.: We are farmers in a small village in Maharashtra. -
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SIf your father shows proof of money he spent for the house under his father’s name and then also shows proof of the land under his name. That is not ancestral property, they can’t claim it, but the issue here is that you might have to settle some amount since they stayed for 30+ years which your father willingly allowed.
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SLeaving aside moral and ethics. If your father has registered this house on your grandfather’s name than legally it belongs to your father and uncle (and any other siblings if they have) now and after them to their children. This is not a new thing where siblings have taken advantage of the goodwill so move on. Divide the property legally and live happily ever after.
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ISide posting to OP here:
How does the law work for this? Land owned by person A but property on that land by person B.
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IOkay so the way I understand it,
Land owner does some deal(verbal, transactional or whatever) with property owner and the property owner builds stuff on the land.
Now if any change needs to happen, land owner and property owner make a deal again. If they are in agreement good, if conflict arise they end up in court to get it settled. Right? Like here in OP’s case.
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FNo sir, the construction agreement play the part now here. Primarily the construction agreement between land owners and developers.
Once construction completed and completion notice issued land registered to new flat owners as UDS. -
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BWhy did your father build a house and registered in his father’s name? That was utter foolishness on your father’s part.
He did it for being a good son, but made himself a bad father through it.
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PKindly add a NAL before giving unsolicited advice which in no way helps the OP in their legal matter.
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MConstruct a compound wall on all four sides of the land (without an entry gate). If he tries to break the wall (on your land) take legal action against him.
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FOP this happened exactly in our family. What my father did immediately tackle it.
– made police complaint in local police station
– File writ in local court taluk level and districts magistrates court.
– submitted stay order from both courts to police station and police stopped renovations works.Case is pending
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