Your father can request builder to execute sale deed only in your name as full payment t made by you
he can execute affidavit to that effect
if he refuses then on taking possession of flat your father can execute gift deed in your name
Under-construction property owned on Father's name
I have applied and got allocated an under-construction flat on my father's name. I have paid/ paying each and every payments to builders on my own. I have a homeloan on this flat as I am primary Applicant and my father is co-applicant. It will take 5-7 years to get fully constructed and post one years of Registration, it can only be transferred to other's name or to me. We are 3 siblings and not having good relations with them. To avoid future ownership dispute(in case of any mishappening), What can be solution to protect my rights on property.Please suggest.
Asked 14 hours ago in Property Law
Religion: Hindu
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8 Answers
- You are primary applicant and father is co-applicant.
- You applied and got under construction father ’s name.
- You are paying every payment to builder.
All the above establish your exclusive title over the property. You family member have no legal right to claim share. Get the property transferred at the first opportunity. Keep records of all payments.
Father can execute WILL in respect of flat in your favour. Get the WILL registered also. Father can also make gift of the flat to you, however, stamp duty shall be payable on gift. Mere execution of gift deed is not a valid gift unless few formalities and ritual are not performed.
It is not clear whether your father is shown as full owner or co sharer of this flat or not.
In either case on his death his share would be devolved upon all his legal heirs in equal share.
Therefore, to avoid this eventuality you can get a gift deed executed by your father or a Will in your name.
To protect your rights over the under-construction property in your father's name, consider these solutions:
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Gift Deed (Best Option) – Your father can execute a registered gift deed in your favor, ensuring the property is legally yours. This is the most secure and legally binding method.
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Will in Your Favor – Your father can make a registered Will stating that the property should be inherited by you. While a Will can be contested, it provides legal backing to your claim.
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Affidavit & Agreement – Your father can execute an affidavit and agreement stating that you have paid for the property and are its beneficial owner. Though not as strong as a gift deed, it can support your claim.
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Family Settlement Deed – If feasible, a registered family settlement deed can be created where other siblings relinquish their rights.
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Nomination (If Society Permits) – Some housing societies allow nomination, making succession easier.
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.
Dear Sir,
In order to avoid any futyer complications, you may apply to the concerned paper wherein father can transfer the said property on your name. Also, remove the name of father from the said loan. If you are not doing this, get a WILL in respect of the concerned property from the father clearly mentioning therein that the price of the property is paid by you and the properrty actually belongs to you.
It is an under construction property and I presume that there's a sale agreement entered with your father.
The sale agreement is not a title document.
At the time of registration of sale deed your father can give an intimation, preferably along with an affidavit, requesting the builder to execute the sale deed directly to your name and he should mention in his request letter that you only paid or funded fully for the purchase of this property hence legally you will be the actual owner of the property hence the property sale deed should be registered in your favour alone.
This request letter along with an affidavit confirming the intention to get the property registered on your name will be more than enough to handle any dispute that you anticipate in future.
Besides the general clause in a sale agreement is that the sale deed can be registered on the name of the agreement holder or any person he may authorise.
Therefore there's no legal infirmity if your father is following this simple steps instead of getting confused over various cumbersome options.
