If your father has not agreed to part this property with you then he can sell this property and keep the money with him.
Making HUF is also an option.
How my father's land can be used
Hi My father has one old 30X60 size investment land in jaipur worth 1.5 crore. It is an empty plot in a good residential colony. Now he got this land in jaipur development authority lottery some 30 years back and only construction he has on this till now is a gate and a room. And now neighbours have started using that land as garbage collector. But now land's neighbour is saying that jaipur development authority has pasted notice on plot that construction should be completed as soon as possible. I asked about construction cost and minimum cost for 1 floor is 27 lakhs rupees, which I might be able to afford. Now this is my father's only asset so he needs to keep it with him (in land or money or some other investment form) for old age and it is logical that he will/should not transfer to me. So it does not make sense for me too to invest all my earnings/savings to that plot. What can be way ahead? Also please suggest if we can be sure of if we really need to construct a full house on that plot. We could get rent from construction but none of us lives in jaipur so maintaining and removing any tenant might be future issue too. I am not sure if some kind of huf might work. Thank you.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
You can carry on construction on plot
2) father can execute gift deed transferring 50 per cent share in house and land in your favour
3) you can enter into registered leave and licence agreement for giving premises on rent to earn rental income
There such order issued by JDA to construct the property until not received under condition to construct within given time. Neither neighbours can use it as garbage, it's a criminal offence. You can complain to police.
Precisely can be advised on perusal of allotment letter and verify from JDA if any such order issued.
You can appoint care taker who can keep watch on propery in regular interval.
Putting on rent will have no repercussion if given yo students and regular rent can collect by care taker or an advocate.
If father is not interested to transfer it and facing problem to maintian it, he can sell at present or in future if no intention to stay in jaipur. But such property should not be left without care taker, constant risk of encroachment and illegal posession.
Dear sir/ma'am,
Since they are wrongly using your property, you can send them a legal notice and claim the right for the property.
you can construct the building if you wish to, no one has the right to wrongfully use your land.it will be a civil acse and criminal trespass of land.
if you wish to construct a building you can and rest it in future.
If you want your father to retain the property on his name and also continue to derive income from the property as well as you have to construct the structure over it with an intention to augment income from it towards the invested amount, you can enter into a long term lease agreement with your father and pay him monthly rental amount towards lease agreement and also you can get a regular income through rent from the constructed property.
Alternately your father can transfer the property to your name by a conditional registered settlement deed with a condition that he will be having lifetime interest on the income from the property and to inherit the same by you after his lifetime.
- As per law, an authority can give a maximum period to construct a house in the allotted plots to its alloteees.
- Further, the said authority is also authorised to impose penalty for not complying its rule and regulations.
- Hence, you can enquire from the office of that authority for getting details .
- Further, as this property is in the name of your father , then only on the ground of contribution for the construction , you cannot claim ownership of that property during his life time legally.
- Hence, you can enter into an agreement with your father for the construction and receiving the rent from the tenant to get refund of the invested amount by you.
Try to get a will made in your favor
