It would be a joint property  

It belongs to your mother as land is bought by your mother 

father has no ownership rights on the plot 

They can write WILL in respect of their interest. 

Mother should execute will bequeathing land and structure built on land to whom so ever she pleases 

Ownership goes with land not with superstructure. Your mother  will be absolute owner of land and super structure on it.

Will can be executed  by mother with father  as attesting witness, that will be taken as consent of father to the  will executed  by mother.

If the sale deed is in favour of the mother, then WILL has to be executed by the mother only, irrespective of house construction by the father. 

Streedhan belongs to your mother. If she buys a property with that money, she is legally entitled to its title and ownership. Your cannot claim any right if he builds a house on a land owned by her. Let your mother gift the landed property to your father. Then, your father may write a Will.

If your father has built a house on the vacant land belonging to a third person without any permission or lease or agreement then he cannot claim any share in the property, in fact he can be considered as illegal encroacher.

Same is the situation here in your mother's property as well.

Especially since the land was purchased out of her stridhan property, this land property belongs purely to her alone.

If she decides to file a suit for ejectment to eject him, mandatory injunction to demolish the structure and for delivery of vacant possession of her land, your father has to obey the court which will go in her favor.

Therefore it will be better that your and father enter into a family settlement for sharing the property equally between them may be a proper solution for this.

You can consult an experienced lawyer in the local and proceed as suggested.

Without entering into any settlement agreement no Will would bestow rights to the testator to bequeath the property in favour of the beneficiary.

A Will bequeathing the property without the testator having clear and marketable title is not legally valid.

Dear Client,

Under the Hindu law, if your mother buys it using her Streedhan; that is, property earned by her through gifts or inheritance or even personal savings, the land is the sole property of your mother. Even if your father constructs a house on this land from his own resources, the land and the constructed house would still belong to your mother as the property ownership automatically includes the structure built thereon. In order to avoid future conflicts regarding ownership, both parents can sign a will or deed. They can state who is to inherit the property when they die, thereby leaving no room for misunderstandings regarding the ownership of the land and the house. Otherwise, your mother can also draft a gift deed giving her full or partial ownership to your father or children. Such a deed should be registered and appropriate stamp duty will be applicable. A legal expert should be consulted for preparation of the will or deed to ensure compliance with all relevant laws and clear documentation.

Hope you find this answer helpful in resolving the issue.

- If the said land is registered in the name of your mother , then your father cannot claim ownership even he has constructed house therein. 

- Your mother can only write Will and not father. 

It is her absolute property. 

G.Rajaganapathy

Advocate

High Court of Madras

It will be a coowned property as the house will belong to mother only but if your father challenges the status on baisis of money for building being spent by him then it can be a coowned pooperty