• Are my siblings entitled to a share of the apartment which is legally in my name ?

My father brought a flat for me 2006 and it is registred in my name. My 3 siblings lived in the flat with my father and mother while I worked in different cities working different jobs. Somewhere in 2013, one of my siblings fell on hard times because of his bad decisions. But my father requested that I help him financially. Since he was somewhat of a rotten egg, I made him sign a deed that he would not claim any stake in any property that father had & included my flat too in it. Fast forward to today, my father and mother are no more. It turned out the father really did not have any significant assets in his name. Now the other two of my siblings are insisting that they have a share in my flat. They say they have some cheques that show the flat was purchased by my father. And indirectly the flat belonged to him. They say the deed that I signed with my brother establishes that they have a right to the flat too. Do they have a legal claim or is it a ploy to extort money out of me ? The flat was purchased for me by my father. The deed with my one sibling was signed only to get rid of any future problem. Unfortunately I have nothing on paper which says that father gifted the flat to me. I am willing to fight in court. But I would like to get a opinion online first before contacting a lawyer. I am hoping that the courts will decide the case quickly in my favor.
Asked 1 month ago in Property Law
Religion: Hindu

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18 Answers

  1. “My father brought a flat for me 2006 and it is registered in my name” that makes the flat ancestral in which  all descendants of father  will have share. The  deed you singed with brother is of not any help unless it is registered.
  2. You can deny them a share only if it can be proved that the full consideration for the  flat is paid by you and only as respect to him, you allowed to appear him on sale deed as purchaser.

Ravi Shinde
Advocate, Hyderabad
4611 Answers
42 Consultations

Your siblings can take the plea that Flat was purchased by your father in your name for the benefit of joint family, and they have equal share in thesaid flat

 

they can seek an injunction restraining you from selling the flat

Ajay Sethi
Advocate, Mumbai
97887 Answers
7940 Consultations

Since the flat is registered in your name, you are its legal owner. Your siblings cannot claim a share unless they prove it was purchased by your father with his funds and intended to benefit all heirs. Here’s the situation:


  1. Ownership: Registration in your name is strong evidence of ownership.

  2. Deed with Sibling: This does not weaken your ownership. It waives your sibling's claims but doesn't acknowledge the flat as family property.

  3. Cheques as Evidence: If your siblings present cheques showing your father funded the flat, they must also prove it was not intended as a gift to you.

  4. Court’s View: Courts favor registered ownership unless evidence clearly shows a trust or benami (proxy) ownership.

You can sell the flat unless a court injunction stops you. Even if your siblings file a case, they must present strong evidence. Your chances of winning are high, given the registration in your name.

For detailed, personalized advice, consider a phone consultancy. Hope this helps! Spare two minutes for a review—much appreciated! Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
765 Answers
3 Consultations

It is in your interest to give your siblings share in the flat 

 

litigation is a long drawn and an expensive proposition

 

An out of court settlement with your siblings is the best option

 

your siblings can win the court case 

Ajay Sethi
Advocate, Mumbai
97887 Answers
7940 Consultations

The property was purchased by your father on your name by a registered sale deed, hence it becomes your own and absolute property.

In fact you were not even a minor by age at that time hence it cannot be claimed as a gift also.

There's no evidence to prove that your father funded for the purchase of this property.

Besides it can be proved through your employment details that owing to your employment at various places you permitted your parents and siblings to live in the property till you returned.

The indemnity bond you obtained from your brother while financially helping him shows that you helped him at the time of crisis and as a return you have asked him to not to harass you by claiming any share in your share out of your father's property or your own property.

All these clearly prove that this property belongs exclusively to you alone hence any claim made by your siblings is not legally maintainable.

You can challenge them properly in court of law.

T Kalaiselvan
Advocate, Vellore
88087 Answers
2379 Consultations

You have rented out the property to tenants as a landlord hence this establishes your clear and marketable title over the property.

Your brothers' s claim based on the undertaking with another brother is not maintainable, they cannot claim any rights in your property on that basis hence you just don't worry about it.

If you want to sell the property you first file a caveat petition against your siblings to prevent them from obtaining an exparte injunction order against you.

 

T Kalaiselvan
Advocate, Vellore
88087 Answers
2379 Consultations

Based on the information you’ve shared, the situation involves several legal considerations. Let me break it down for you step by step, highlighting the legal position and options you have to defend your ownership over the flat:

1. Ownership of the Flat

  • Since the flat is registered in your name, you are its legal owner as per the Registration Act, 1908. Registration of property confers conclusive ownership, and courts presume the person in whose name the property is registered as the owner.
  • Even if your father financed the flat, it does not automatically make him or your siblings the owner unless there is documentary evidence of a trust or benami transaction. The Benami Transactions (Prohibition) Act, 1988(and its amendment in 2016) prohibits property being held in someone else’s name for the benefit of another unless explicitly declared as such in writing. If your father did not declare this as a benami property, your siblings have no claim on it.

2. Gifting Aspect

  • Although you lack formal documentation showing that your father "gifted" the flat to you, the fact that the property is registered in your name strongly supports your claim. In the absence of any document or evidence suggesting otherwise, the presumption of ownership lies in your favor.

3. Your Siblings' Claims

  • Cheques Allegedly Showing Payment by Your Father: These cheques, if produced, only prove that your father paid for the flat, not that he retained ownership. Given that the flat was registered in your name, the payments might simply indicate that it was a gift or financial assistance for your benefit.
  • Deed Signed with Your Other Sibling: This deed strengthens your case because it explicitly mentions that your flat was included as your property, which your sibling agreed not to claim. If your other siblings are citing this deed, it further acknowledges that the flat is yours.

4. Legal Position of Your Siblings

  • If your siblings claim that the flat indirectly belonged to your father, they must provide clear and convincing evidence to prove:

  1. That the flat was purchased by your father in a fiduciary capacity for himself and not gifted to you.
  2. That the payments made by your father established his ownership of the flat and not just financial support to you.

  • Courts generally do not entertain such claims unless backed by substantial evidence. Mere allegations and cheques without additional proof will likely not suffice.
  • 5. Steps to Protect Your Ownership

    Here’s what you should do to strengthen your case:

    • Obtain Certified Copies of Sale Deed and Registration Documents: These will be the most critical pieces of evidence to prove your ownership.
    • Gather Evidence Supporting Your Ownership: Look for any communications, emails, or statements that show the flat was intended for you.
    • Challenge Their Claims Under Benami Laws: If your siblings claim that the flat was a benami property of your father, you can counter it under the Benami Transactions (Prohibition) Act. The burden of proof will be on them.
    • Highlight Their Motivations: If this appears to be an extortion attempt, you can argue that they are acting in bad faith to harass you or extort money.

    6. Legal Strategy

    • Issue a Legal Notice: Engage a lawyer to send a strong legal notice to your siblings rejecting their claims and warning them of consequences for harassing you.
    • File a Declaratory Suit: If the harassment continues, you can file a declaratory suit under the Specific Relief Act, 1963, seeking a court declaration that you are the sole and absolute owner of the flat.
    • Injunction to Prevent Interference: You can also seek an injunction restraining your siblings from interfering with your possession or filing frivolous claims.

    7. Court Timelines

    While courts aim for swift justice, property disputes can take time, depending on the jurisdiction and complexity of the case. However, your case has a strong foundation, and if you present all the necessary documentation, courts are likely to decide in your favor.

     

    Next Steps

    If you decide to proceed, I can assist with:

    1. Drafting a legal notice to your siblings rejecting their claims.
    2. Preparing documents for filing a declaratory suit or injunction if needed.
    3. Reviewing and responding to any legal actions initiated by your siblings.

    This is a case where the law is on your side, but proper documentation and legal representation will be crucial. Let me know how you’d like to proceed.

    Sharan Chopra
    Advocate, Chandigarh
    87 Answers

    1. There is no denial of “My father brought a flat for me 2006 and it is registred in my name”. That can be treated as your admission of ancestral character of property. Literal interpretation of "property of my father" aligns with the meaning given by your siblings. "property of my father" is property that belonged to father, after demise of father  it becomes ancestral in the  hand of all his legal heirs. If the  meaning of a text is plain, effect must be given to it irrespective of consequences, that is the  cardinal rule of interpretation of instruments.

    2.      " and the property of my father" can be given a different meaning. "property of my father" points to other property and not the  flat in question. Hence, said sibling relinquished his right  in the flat as well as other property, if there is any.

    Ravi Shinde
    Advocate, Hyderabad
    4611 Answers
    42 Consultations

    The claim made on the basis of Hindu succession act including the amended act is not maintainable. 

    They don't have any rights or reason to claim any share in your self acquired property. 

    This is your self acquired property and not joint family property hence nobody can claim any share in this property. 

    The letter obtained from your brother that he cannot claim any share in future is also not any authority that your siblings are vouching upon now. 

    Giving money to your sibling at the time of his need and obtaining an acknowledgement for the money given to him in no way can pave way for their absurd claim. 

    You don't have to budge to any pressure. 

    Let them go to court,  you can challenge them properly 

     

    They will fighting a losing legal battle because no case is tenable. 

    T Kalaiselvan
    Advocate, Vellore
    88087 Answers
    2379 Consultations

    Your act of paying your sibling and obtaining the deed does not weaken your legal case. It demonstrates responsible behavior in managing potential disputes, especially given your sibling's history. Courts will recognize that this was done as a precautionary measure and not as an acknowledgment of shared ownership.

    By focusing on the registered ownership of the flat and the lack of any evidence to support your siblings' claims, you remain in a strong position. Let me know if you need assistance in drafting a detailed legal explanation for this or preparing further arguments.

     

    Sharan Chopra
    Advocate, Chandigarh
    87 Answers

    It is not ancestral property 

     

    2)?property was bought in your name by your father for benefit of joint family 

     

    3) you did not have any funds to purchase property 

     

    4) Sale consideration was paid from your father bank account 

     

    5) hence arrive at an amicable settlement 

    Ajay Sethi
    Advocate, Mumbai
    97887 Answers
    7940 Consultations

    Sir,

    1. I am not discussing law here; I am just giving opinion based on established law.
    2. There are any number of judgments by SC where it is laid down that a joint/ancestral property may be purchased in the name of any family member including females.
    3. Hindu succession law is not yet fully codified, it is based on shartras and conventions. Right from 1900 up to 2024 the above proposition is upheld by SC and High Courts.
    4. Execution of relinquishment deed by one sharer is admission of ancestral character of property and sharers not signing can claim there shares. The rule is,  exclusion of one is inclusion of another.

    Ravi Shinde
    Advocate, Hyderabad
    4611 Answers
    42 Consultations

    Based on your query, here’s a summary of your legal position and potential outcomes:

    Legal Ownership


    1. Flat Registered in Your Name: Legally, the property belongs to you as per the registration. This is the strongest evidence of ownership unless successfully challenged.

    2. Burden of Proof on Siblings: Your siblings must provide concrete evidence (like payment records and intent) to prove that the property was purchased by your father as a benami (proxy) transaction or for the family's collective benefit.

    Hindu Succession Act and Ancestral Property


    • Not Ancestral Property: The flat was purchased by your father and registered in your name. It does not qualify as ancestral property unless it was inherited through multiple generations.

    • Hindu Succession Act, 2005: This act gives daughters equal rights in ancestral property. However, it does not apply here since the flat is neither ancestral nor in your father’s name.

    Payment to Sibling and the Deed


    • Deed with Sibling: While the deed waives your sibling's claims, its language (including "property of my father") could be misconstrued. However, it does not override your ownership unless a court interprets it as an acknowledgment of shared ownership.

    • Payment to Sibling: This could raise questions about why you paid your sibling if they had no claim. Your explanation (to avoid future disputes) is reasonable and can be presented in court.

    Siblings’ Arguments


    1. Cheques as Evidence: Your siblings may argue that your father funded the purchase, implying the flat belonged to him. However, they must prove it was not gifted to you. Courts typically presume that registration in your name indicates ownership.

    2. Possession History: Your siblings’ occupancy and receipt of rent could be portrayed as signs of shared ownership. However, your argument that this was out of goodwill is valid.

    Selling the Flat


    • Can You Sell? Yes, you can sell the flat unless a court issues an injunction. Siblings filing a case won’t automatically prevent a sale unless they secure such an order.

    • Practical Advice: If selling is urgent, you can proceed cautiously but disclose any pending disputes to avoid future complications with the buyer.

    Next Steps


    1. Litigation or Settlement: While you have a strong case, prolonged litigation can be costly and time-consuming. Consider a settlement if feasible.

    2. Strengthen Evidence: Collect all relevant documents (registration papers, payment records, etc.) and prepare to rebut claims of shared ownership.

    3. Legal Representation: Hire an experienced property lawyer to preemptively address potential legal challenges.

    For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

    Shubham Goyal
    Advocate, Delhi
    765 Answers
    3 Consultations

    No they are not entitled unless it’s a ancestral property transferred without their consent or a self acquired property which is transferred to you by fraud or coercion 

    Prashant Nayak
    Advocate, Mumbai
    33138 Answers
    215 Consultations

    You are not required to do anything as of now

    If your siblings claim that they have a right and share in the flat, it's for them to prove the same by filing a suit against you

    Presently it appears no suit is filed 

    So there is no impediment for you to sell the flat 

    Your late father instead of gifting the money to you,  used that money to buy the flat in your name. There's nothing wrong in that. It's not some benami transaction where the true owner is the father and you being his benamidaar 

    The sisters claim that the flat is the joint family property and pursuant to an amendment in 2005 to the Hindu Succession Act, they being daughters,  are entitled to claim a share in the flat 

    For making such a claim the daughters will have to prove joint family nucleus 

    They will have to show that the money used for buying this flat belonged to the joint family or was got by selling some joint family property 

    As regards the deed which you made your brother sign against the money you gave him on the advice of your father , it was in the realm of 'spes successionis' or doctrine of heir apparent or future heir 

    So assuming the flat was owned by your father, when the brother made the deed, your father was alive. When owner is alive, his future heir or heir apparent cannot have any claim over the owner's property. If he doesn't have any claim then he cannot release or relinquish any right as well. Thus the deed is inconsequential. At the highest it can be said that that was only for your safety. Just as now your sisters are claiming, your brother could also claim. So you just wanted to exclude him from laying such a claim in future by making him sign that deed. 

    Yusuf Rampurawala
    Advocate, Mumbai
    7788 Answers
    79 Consultations

    1. The Deed you made your brother to sign affirming that he will not claim any share of your father's property including your flat is legally invalid.

     

    2. However, it states that you agree that your flat also is claimable by him which is restrained by you through the said Deed but it will give your other brothers to claim that the flat actually belongs to your father who had purchased it in your name.

     

    3. If your brothers can prove that the payment to buy the said flat was made by your father, then they can prove that the flat actually belongs to your father who bought it in your name and it was not gifted to you.

     

    4. Engage a local lawyer having expertise in this field to contest the case, if it is filed by your brothers.

    Krishna Kishore Ganguly
    Advocate, Kolkata
    27538 Answers
    726 Consultations

    1. The said deed is invalid since you can not buy someone's legal right. You could have bought his undivided share on the property of your father.

     

    2. However, inclusion of your flat in the deed was detrimental to your interest as explained in my earlier post.

     

    3. AS explained in my earlier post, they will claim that the property has been purchased by your father in your name only and has not been gifted to you. You shall have to prove  or claim that it has been actually gifted to you since it has been purchased by him in your name.

     

    4. It will be a long drawn case and the result will depend on how you contest the case with merits. 

    Krishna Kishore Ganguly
    Advocate, Kolkata
    27538 Answers
    726 Consultations

    1. The said Deed registered by you and your said brother is unlawful since it was not the sale of any property or share of a property but his right to claim any share of his father's property which was not scheduled and also your flat.

     

    2. For any sale & purchase, there shall have to be flow of consideration from both the sides i.e. you should make the payment to the seller and the seller should pass on the title of the flat by registering the sale deed.

     

    3. In the instant case, there has been no consideration from your side for buying the flat for which your brothers can easily claim it to be your father's flat bought in your name and claim their share's of it.

     

    4. It is not an open and shut case for you. Engage an experienced lawyer to contest your case if it is filed against you by your brothers.

    Krishna Kishore Ganguly
    Advocate, Kolkata
    27538 Answers
    726 Consultations

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