• Property share

Hi,

we bought a flat in hyderabad in 2016. I paid 30% of the total amount and my father took a loan from SBI for the remaining amount. Flat is registered on both my parents name. 

unfortunately my mother was passed in 2018. Now my father is planning to marry an another woman against without considering my opinion and refusing to handover the property to me. I am ready to takeover the loan and pay the remaining amount. My father has turned very money minded now. 

what rights I have now to deal with the situation. 

1. I transferred the money to the builder when we bought the flat. Can I use the those transactions to claim my share ?

2. my father started changing his words now and started claiming that he paid the whole amount and it is his hard earned money. Can my father claim the whole ownership of the flat ? 

Please advise
Asked 4 years ago in Property Law
Religion: Hindu

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29 Answers

1. Flat was purchased in joint name's of Mother & Father and the property share now legally is as follows:
a) Mother: 50% share
b) Father: 50% share

2. On demise of Mother, the legal heirs get EQUAL share of Mother's property share.
a) Father: 50% plus 25% share of Mother making it total 75% share
b) You: 25% share of Mother
note: Father CANNOT claim 100% share of property

3. IF you can documentarily prove that you financed 30% of the amount for purchase of property, THEN you are legally entitled to claim the 30% amount from Father and still retain your 25% share (from mother's property share).

4, Last legal option (in the event if father does not cooperate) is to file a Civil Court suit, to claim your Money with Interest and litigation costs. IF you are unable to be in India, THEN you delegate authority via a Power of Attorney, to a close friend /relative to represent you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Since there's enough proof of transfer of your money to the builder when the Flat was bought, you can use this as evidence to prove that funding for buying the property was made by you also and also reserve the right to entitlement of a share in the father's self acquired property.

2.  Even though the property is registered in your father's name, you can show the partial source of funds by you referring to the bank remittance made to the builder by you.

Shashidhar S. Sastry
Advocate, Bangalore
5299 Answers
327 Consultations

5.0 on 5.0

1. The flat stands in the name of your father and late mother. You are neither thebtitle holder pf the flat not the applicant for the Bank loan. You can claim 50% share of your mother's share of the said flat being the legal her legal heir along with your father. You can also additionally claim refund of 30% of the present value of the said flat since you had paid 30% of the consideration while buying the flat. 

 

2. Your father can not claim ownership of the entire flat which was purchased in joint names of your father and mother. You are claimant of 25% share of the said flat (if you do not have any other brothers and sisters) and also refund of 30% of present price of the said flat.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

5.0 on 5.0

File declaratory suit that you have 30 per cent share in property as 30 per cent sake consideration was paid by you 

 

2) it was bought in joint names of parents fir benefit of joint family 

Ajay Sethi
Advocate, Mumbai
96268 Answers
7751 Consultations

5.0 on 5.0

1. Yes. You can file a suit for declaration in order to be declared as the the owner of the flat on the basis of the consideration amount paid by you towards buying the said property.

You can also claim the share of your mother if she died interstate.

Siddharth Jain
Advocate, New Delhi
6347 Answers
102 Consultations

5.0 on 5.0

You have share in the property by virtue of being legal hair of your mother the property share of your mother will be divided between you and your father if there is no other legal here and in case your father is not agree to give you your share in the property you can file a title suit based on the transfer of money for purchase of property it is possible in the Civil Court and your father will not be able to transfer this property to any third person however it is his own opinion and decision to get marry again you cannot make any objection on this ground and abstract him to get marry again

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. See you can file a suit of declaration before court showing payment seeking your share in the property.

2. See even of you don't file declaration then also you are entitled to 25 percent share of flat on demise of mother from her share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If that is self acquired property of your father then don't pay anything. 

If you have paid money then you need to file suit claiming the ownership in civil court on basis of your funds

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

1. yes you can use the said transaction to claim the share in the property. 

2. No he can not claim the entire flat. Send a legal notice to him and thereafter initiate the legal proceedings to claim your share in the said property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

1. Since the property is registered jointly in the name of your parents the share of your mother on her demise devolved through intestate succession on her husband and children equally.

2. Your father is under no legal obligation to 'handover' the property to you as he is a co-owner.

3. Your father is not the absolute owner of the flat as you too have a share therein.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Banks have no legal jurisdiction to Transfer Ownership in your name, EVEN IF you pay off all the outstanding EMI's.  Transfer of Property can be done only via a registered Sale Deed /Gift Deed /Release Deed /Court order /so on ....

2. IF Father stops EMI, THEN Bank can seize & possess & auction of property to recover its financed amount, interest, other charges.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If father stops paying EMI property would be auctioned by bank to recover its dues 

 

2) bank would not transfer flat in your name as you are not reflected as owner of flat in property documents 

Ajay Sethi
Advocate, Mumbai
96268 Answers
7751 Consultations

5.0 on 5.0

1. The bank recover the amount by auctioning the flat if then also the amount is not recovered it may with order of court attach the salary account.

2. Bank cannot take loan amount from you and transfer ownership for same you have to file suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If your father stops paying the EMI, then his said housing loan will become NPA and lending Bank with whom the flat has been mortgaged, will initiate SARFAESI proceeding and finally will sell of the said mortgaged flat to recover the outstanding loan amount standing in the name of your father.

 

2. The mortgagee Bank can not pass the ownership of the flat in your name evrn after receiving the entire outstanding amount standing in the name of your father, from you. The Bank will, return the original title deed to your father after receipt of the payment.

 

3. However, you can submit your bid and buy the said flat once the Bank publishes sale notice for selling the said flat to recover the dues standing in the name of your father.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

5.0 on 5.0

if you have proof of that you contributed the above said amount then you can filed case against your father, you can also file case for your share in that property.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

1. No you cannot claim your share on ground of some money transferred to builder.

2. Yes your father can claim ownership of property if property was purchased under joint tenancy rights.

3. If your father stops emi then bank can take possession of flat.

4. No you cannot request bank to transfer ownership on your name even if you repay loan amount. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The bank will take action and take possession of the property and auction it to recover the loan

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

1. Bank will issue notice under SARFAESI Act and proceed to take possession of the property if EMIs are defaulted.

2. Bank will not transfer the ownership. It can transfer the loan to you if you apply as bank just wants its money back.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property has been registered jointly on your name and your parents name, then the share of your mother in the property, upon her intestate death shall devolve equally on all her legal heirs which includes your father, besides this if your father is also a joint owner, then he is entitled to his own share in the property as well.  If you say that you have funded for the property then you can claim your share to that extent alone provided ther is a mention about it in the registered sale deed. 

 

Your father cannot claim the entire property if the property has been registered on joint names.

 

T Kalaiselvan
Advocate, Vellore
86469 Answers
2300 Consultations

5.0 on 5.0

If your father stops paying the EMI loan repayment then the bank will initiate legal steps as per provisions of law for recovery of the loan amount with interest.

 

The bank cannot transfer the ownership to yor name even if you are ready and willing to repay the entire loan amount because bank has no rights to interfere with the registered title deed, it can limit its functions to extent of the loan and its repayment alone.

T Kalaiselvan
Advocate, Vellore
86469 Answers
2300 Consultations

5.0 on 5.0

1. the property is registered in joint names of your parents

2. thus considering the document they two will be considered as co-owners 

3. however part consideration is paid by you

4. on that basis you can definitely claim a pro-rata share in the flat to the extent of the amount you contributed for purchase

5. the balance portion will belong to your father

6. if you discharge the entire loan the bank cannot transfer the ownership of the flat to your exclusive name

7. the bank is concerned with only its money and not with who pays the loan

8. if you pay the loan you will only be discharging the loan debt of your father

9. if your father defaults in repayment of the loan then the bank can put the property for sale by public auction to recover its pending dues

10. you can participate in such auction sale and bid for the flat

11. if you are declared a successful bidder then bank will register sale certificate in your name

12. the bank can also sell the flat by private treaty on default in repayment of loan by your father who is the borrower. However for that the bank has to take a NOC from your father

Yusuf Rampurawala
Advocate, Mumbai
7628 Answers
79 Consultations

5.0 on 5.0

1. If father stops paying EMI, bank will try to get court orders to get your property auctioned in order to recover the pending loan amount along with interest and other expenses incurred by the bank in such recovery.

2. You cannot do so without the consent of your father.

Siddharth Jain
Advocate, New Delhi
6347 Answers
102 Consultations

5.0 on 5.0

Even if you pay EMI receipts would be in name of father 

 

2) if it was given as loan you can seek return of your money 

 

3) on father demise you can seek share in property standing in step mother name 

Ajay Sethi
Advocate, Mumbai
96268 Answers
7751 Consultations

5.0 on 5.0

1. See on there demise the legal heirs have equal share though you can prefer a suit of declaration seeking ownership of property showing payment so in case he stops based on payments you can claim the rights.

2. See money was sent to invest in your name and you have proof of same you can recover the amount.

3.See if it is brought from the amount you paid you can institute a suit for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Since the property has been jointly owned by you and your father, you shall be entitled to half share in the property.

2. If you have documentary evidences for the same , then you can send a demand notice asking him to return the same.

3. No. If your father has bought the properties out of his own money on her name, then she will become the absolute owner of the said properties, hence you may not have any share in it as a right.

T Kalaiselvan
Advocate, Vellore
86469 Answers
2300 Consultations

5.0 on 5.0

It will be through banking channel vide emi Or full foreclosure. 

You can ask

Yes you can send a legal notice

Only filing a suit is the best way

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

1. Even if you pay the remaining EMIs, the Bank can not return the property documents to you without the written consent of your father.

 

2. You can file a Money Suit claiming the amount you have sent to your father with interest.

 

3. Sending legal notice will be of no use since you can not complaint for your father's buying properties in favour of his new wife. You can claim the amount you had sent and also your mother's share of the property.

 

4. Law is for seeking justice and not for taking revenge or teaching lesson to other.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

5.0 on 5.0

If you pay EMI  bank cannot handover you property documents.

You have to file separate recovery of money suit.

you need to file partition suit and claim your share once you get your share you shall be free to take care of your portion the way you feel like.

 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

1. You cannot even then claim a greater share in the property as transfer of loan does not uproot the title.

2. Payment should be made through ECS.

3. Only and only if you have an agreement with your father which can prove that money sent to him was to be used for a particular purpose, and it has not been so used, then alone you can file a suit for recovery of money.

4. His remarriage does not have any nexus with his or your proprietary rights.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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