Consent in sharing property
sir,we belong to hindu family and my father is the eldest son. we have a home here in bhubaneshwar which is registered under my dads name, he has two younger brothers and my grand father and grand mother both are alive. I just want to know whether the home will be shared to my uncles without my fathers consent or is it a must to be shared to his brothers.
Answered by Srija Choudhury, Lawyer and Lawfarm Researcher:
This is a simple matter of property. You have told us that the house is registered under your father's name.
If the house is registered only under his name and there is no joint ownership then he is the sole owner of the house. The mutation of the house should also be in his name. If he is the sole owner of the house then the decision whether to keep his brothers in his house completely depends on him, there is no compulsion that the house has to be shared amongst his brothers. Your father is under no obligation to share his property with anyone. His consent is of primary nature in case anyone has to stay in his house.
the ground and first floor was constructed by my dad, and later on the second floor was constructed by my uncle without even asking my dad's permission. So can i foresee any claim of share by him in future on my dad's property?
If the documents of the house is in your father's name then the entire house is rightfully your father's house. The matter of construction without permission and the ownership to the additional construction will give rise to a separate civil suit altogether. Your father can institute a civil suit against your uncle for constructing without permission. On the other hand your uncle could also institute a title suit against your father to claim right in the property. In any case, evidence from both the sides will be taken into consideration to come to a decision.
Book a phone consultation with a top-rated lawyer on Lawfarm.