Me and my father purchased a home of Rs 10 lakhs in year 2004, the property sale deed has me and my father as joint owners of the house. The house was taken by paying 2 lakhs cash(Cash paid by me and I have the proof) and 8 lakhs as home loan jointly taken by me and my father, my father passed away 3 months after the purchase of the home. My mother also passed away in 2018, I have 2 brothers who have not contributed a single penny in the purchase of the house (From year 2004 to year 2013 all installments of loan approx 9 lakhs were paid by me) and also the 2 lakhs cash which was paid as initial deposit was paid by me, the home loan turned NPA as I was not in India and now I paid the full amount of approx 11 lakhs to the bank and closed the loan. Now my brothers are trying to get the share from the property, will they have any legal right in the property as the property was self acquired by myself and my father, I just got my fathers name added so that he can handle the paperwork since I was away working in some other city.
The property was jointly owned by you and your father and hence irrespective of the fact whether your brothers father contributed towards the property or not...the person who is named as joint owner has a share in the property. Therefore your brothers have a share in the property because half of the house belongs to your father.
Regards
You can file a suit of declaration in civil to declare you as the sole owner of the property wherein you have to prove that entire sale consideration was paid by you.
Once the court is satisfied, you would be declared as the sole owner.
1. See the brothers will have share in the fathers share and they will claim same but you can file a declaration suit in the court to declare you absolute owner showing the complete payments were made by you and there was no contribution by father or other legal heirs.
Thanks a lot Siddharth ji, my lawyer is also trying to prove the same, he is replying to the partition suit filed by my brothers by proving in court that all money arranged for the purchase of the house was paid by me and also the loan amount was cleared by me, I have all the documents showing the details of the same, including the income tax proofs showing that my father income was very less and he was not capable of purchasing the house at that point of time I have one more ques, my brothers are now trying to file a false FIR against my wife and my wife's family for the cause of my mothers death, she passed way on April 8th 2018 due to heart attack, she was a heart patient, can such a FIR has any merit in court of law, can they file an FIR now, how will police react to such FIR's, they have concocted a completely false story just to trouble me and my wife so that they can harass me to get a share in the property. Kindly let me know your thoughts on the same.
See firstly they will need evidence to accuse your wife, like post mortem cause of death , like this they cannot falsely accuse your wife.
In case such false FIR is registered then high court can be approached for quashing of FIR.
1. Ordinartily all the legal heirs of your father including yourself will have equal right on his 50% share of the said property.
2. You can file a declaratory suit praying for a declaration that the property is owned by you since you have paid the entire consideration for buying the said property though you have added yuour father's name as joint owner out of love and respect on him and also for handling the matters related to the property since you stay out of the Country. You should also pray for a direction upon the Registrar to delete the name of your late father as the co-owner of the said property.
Chances of FIR being registered against your wife or any other person pertaining to your mother's death are quite bleak.
You should also give a NCR to the police stating that your brother is threatening to file false cases against you and your family in order to usurp your property.
1. You shal, have to first file the declaratory suit as suggested in my earlier post and thereafter contest the partition suit filed by your brothers.
2. In a partition suit, the Court will not declare that you are the sole owner o9f the said property.
As it's a self acquired Property in which your father was a party. He will have legal share. But you need to file a suit challenging his share in the basis that the funds in the said purchase are your funds and father was a formal party
On demise of father your siblings can claim share in property
2) it should be your case that full consideration paid by you
3) father name added for sake of convenience
4) file declaratory suit that you are absolute owner of property
If false FIR is filed apply for and obtain Anticipatory bail from sessions court
2) contest false case on merits
Any fire regarding the death can be filed at any time by any person and it is always subject to the police verification and investigation in case any old person dies due to cardiac arrest this is a normal process and you may have the doctors report of her death and her death certificate must have been issued by the municipal corporations you not to worry about this as this case will not sustain without any merit however you need to concentrate on your title please and submit all the related documents in the court to prove that you have paid the entire sale consideration for purchase a flat so other siblings do not have any right on the property
1) If you father had made a WILL or GIFT deed or release deed than this situation would not arise.
2) Making whole payment to Bank or other party its different issue and ownership is different issue. Here your brother will claim property rights in your father's share.
3) Now whatsoever amount you have paid it after your father passes away, as per the loan held NPA and initially amount paid by you can ask for partition deed as claim your amount whatsoever you have paid it and ask court to recover same from other legal heirs if they want share in the property otherwise not to distribute property.
That fir is completely speculative and its allegations cannot be upheld in the court. In case they file such an fir then go to the hc to quash the fir.
Regards
1. The share of your father has, in the absence of a will made by him, devolved through intestate succession on all his children equally. Intestate succession has no nexus with who contributed to the construction of house or repayment of loan.
2. The share of your brothers is at par with your share which they can cull out by filing a suit for partition in the civil court.
3. Since they are threatening to file a false FIR you should preserve all the treatment records of your mother. If and when a false FIR is filed you can file a petition in the High Court either for quashing of FIR itself or to seek a fair investigation.
Since the property has been jointly registered in both your names, your father is entitled to half share in the property. His half share of property shall devolve equally on all his legal heirs i.e. you and your siblings.
Therefore your siblings are entitle to one third share out of your deceased father's half share in the property which cannot be denied as per law.
Your brothers' false complaint that too after one year and without any evidence to establish their allegations is not maintainable at this stage.
They never bothered to lodge any complaint at the time of death of yor mother hence the police may not entertain any such complaint at this stage.
With regard to their shares out of your father's share in the property, your justification may not be maintainable in court of law because law is differnt to that of your own understanding.
I am getting mixed reviews from lawyers here out of the approx 10 responses, 50% of the lawyers have mentioned that I can file a declaratory suit showing that I have made the payments for the purchase of the property and can prove that there was absolutely no contribution from my father in purchase of the property and my brothers will have no right on the same and they cannot claim any share Whereas few of them are saying they will have share out of my fathers share in the property. Which approach shall i follow, my current lawyer is also working on proving in the court that I am the absolute owner of the property, can the team pls help how shall i proceed with my case
You can file a suit as you have paid the entire consideration
Yes you should proceed with the case, you need to prove before the court th consideration paid by you in lieu of the property and father was dummy owner. So court may declare you absolute owner in the property.
You approached this forum for opinion to your problem. Different lawyers have given different suggestions, you may choose the one which may suit you.
In my opinion your siblings are entitled to a share out of your father's share in the property.
File declaratory suit as mentioned herein above
If your father had paid part consideration for purchase of property then only your brother could have claimed share in property
Your father or anybody else who is a joint owner has a share in the property irrespective of the fact whether he has contributed anything towards it or not.
Regards
1. The said property still stands in the joint name of your deceased father and yourself for which all the other legal heirs of your late father can demand their share of your l;ate fatjker's share in the said property.
2. It is immaterial whether anybody has paid for buying the said house. the fact that the property stood in your lat6e father's name along with you is enough for others to claim their share of their late father's property.
3. So, you shall have to first establish that it is your property only and not your late father's property whose name you had included in the title deed out of sheer respect and convenience and for establishing the said fact you shall have to file the declaratory suit as suggested in my earlier post.
Dear All, My 2 brothers have filed a partition case against me for the property for which I am a joint owner with my father which was bought by loan by me, I paid the full loan amount and have the full documentation for the same and I added my fathers name in it to handle the paper work. The partition case is on from last 1 yr now, getting hearing dates every month not a single hearing has happened till now, every month we get a new date. My brother are demanding 33.33% share each in the property and are trying every possible means and have come to a pathetic level of now putting all possible false charges against me, they had a fight at home and I lodged a police FIR against them as I was hurt badly, also they filed an NCR against me for the same that I stopped one of their wives in entering one of the rooms of the house, although they hit me. Police has send the case under section 107 to SDM court so that peace can be maintained at home, where me and my wife has submitted paperwork for securities. Since i am working in US, I am back in US for my job but my brothers have filed an objection in the last court date that i left the country without the permission of the court, although my wife is still back in India and is attending all court dates, how shall i handle this situation now? What should be my next course of action in this case?
If you needed permission as per the order of court then only the same is required. Other wise you can travel. If you haven't taken the same even after knowing it then you need to say that it was inadvertently done.
See the court can based on your objection and there complaint shall pass an order since there was no restriction on your travel there is no illegality in same.
Further for suit you can file an application for rejection of paint since there is no valid cause of action for them to file the suit.
In civil cases your personal presence is not necessary
it is suffice t if you are represented by lawyer
in criminal cases you can make application for exemption from personal appearance until further orders
there is no bar to you going abroad for work purposes
In civil cases pending against you there's no necessity for you to obtain permission of court to leave the country.
You will be represented by your lawyer during your absence besides your spouse in the court.
You don't have to be bothered about his vexatious petition in this regard.
You may concentrate in your case alone.
Please note that you need to show that money was paid by you and bought property in the name of father.
you can hire a lawyer to appear in court for you.
1. Have you engaged a lawyer to defend you in the said case?
2. If yes, then he will submit that you ordinarily reside abroad to earn your livelihood where you have returned.
3. There is no restrain order on you in leaving the Country for which you can very well return to the Country where you are employed to earn your livelihood.
4. Hope you have also filed the declaratory suit claiming ownership of the entire property as was advised in my earlier post.
Dear Sir/Madam, My brothers on daily basis are trying all possible means to create fake FIR's/NCR's so that they can get more share in the property. Few days back they had a fight with my wife, my wife lodged an FIR in police station and my brother due to some political connections was somehow able to get his NCR lodged in police station. Police filed a chargesheet for the FIR lodged by my wife against my brother and submitted in court and now my brother got the order from court in section 155-2 for investigation for his NCR, my question is can police put an FR and close the NCR or they will apply chargesheet against my wife, as my brother got fake medicals applied in his NCR, the investigating officer is saying he will apply chargesheet as there are medicals attached in the NCR and cannot put FR in this case, kindly help
1. In a civil suit the person neither plaintiff nor defendant is required to personally appear in the court. The presence by his lawyer would suffice. Also, there are no fetters on the right of plaintiff/defendant to leave the country without the permission of court. No permission is required in the first place.
2. Presently, due to Covid-19 the courts across the country are functioning only to hear urgent cases.
3. Police can certainly file FR, but the complainant can protest it by filing protest petition.
The police will do their duty ad per law.
If you feel that the NCR is fake you can challenge the same during trial proceedings and get it dismissed.
You cannot expect the police to file FR on your instructions.
In the given circumstances police might file charge sheet since MR has been submitted by your brother in support of his allegation levelled against your wife.
You need the contest the case no other remedy available