File declaratory suit that you are absolute owner of property as full consideration has been paid by you
2) enclose your bank statements to prove funds were contributed by you for purchase of land and construction
Property purchased on mothers name and now is she is not ok transferring the title to my name
I had purchased land and later built a house with my money. Since I was abroad during that time, I got it in my mother's name. Construction of house happened in monitoring of my father. In some recent dispute, mother and father are now not agreeing to transfer the rights. What can be done?
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
Dear sir,
1. you can file a suit for declaration by producing evidence that you are the property's bonafide owner.
Thank you
Even though you funded for the purchase of the property but since it is registered on your mother's name, she becomes the absolute owner of the property.
Your mother has to agree to transfer the property to your name by a registered deed.
If she is not agreeing for this then you may file a suit for declaration to declare your title to the proeprty on the basis of the documentary evidences for the funds invested by you for the purchase and construction of the property.
However it will be a long drawn legal battle and if you are not able to prosecute the case strongly there are chances that you are likely to lose the legal battle to claim your property.
Land is purchased in the name of mother while you were abroad and house constructed on it under supervision of father Now mother and father are not ready transfer the same to you. You need to file a suit for declaration that the land and house belongs to you. Your case is, as your were abroad land purchased by you in the name of mother for convenience and house constructed with you funds. Your proof is transfer of funds from you to them and absence of any source of income by mother and father. You have also to seek a mandatory injunction to mother for registration of transfer of property in your favor. For filing suit you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner and get it attested by official there. The GPA has to be in specific format. Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.
- As you have purchased the said land and constructed the same in the name of your mother , then your mother is the owner of the said house .
- However, if you have proof of fund invested , then you can file a declaring suit before the court for declaring the owner of the house .
The only remedy in your hands is to file a suit for declaration to declare that you paid the sale consideration of the property and thus you are the true owner of it.
Dear Querist
You may file a civil suit for declaration before the Civil Court of your area and claim to be the owner of the property as this property was purchased with your money. you may be declared the owner of that property.
