Right of son in the property of mother where he invested

[Anonymous]

My mother had constructed a house with her money and I had contributed money towards the construction. The plot is in the name of mother. Subsequently, I had also paid for the renovation of the house. I have one brother and a sister also who is married. Now, my mother wants to sell the house at the instigation of my brother. I don’t know how the sale proceeds will be distributed, but can I claim my share in the property along with the additional compensation on account of the money that I had spent on the house for renovation, etc.?

[Dr. Ashok Dhamija]

If a property stands in the name of the mother, then during her lifetime, she has full authority to sell or dispose of that property and retain the sale proceeds. Sons have no legal right to claim any share in such property, if the property is in the name of the mother, during her lifetime. It is her sweet will, whether to give any share to the sons or not to give. A son cannot compel his mother to part with a share of the sale proceeds, under law.

Of course, the sons can sit together with mother for an amicable solution. More so, as you have mentioned that you have spent some money for renovation of the property. In such a situation, generally speaking, the mother may voluntarily agree to compensate you for the money spent by you from the sale proceeds, if you negotiate with the mother and other son in an amicable manner.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts