• Benami Property Purchase by me in father Name and my name

I Purchase Property In 1978 in my father name and  my name Payment made by me from my bank account. my father passed away in 2005. Now my brother is asking His share. what is my status ?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

1. The person in whose name the property is purchased is considered to be it's lawful owner Though he may be mere name lender.

2. So in your case on death of your father the property is liable for division as per terms of the Will.

3. Registration of Will is not mandatory at all and lack of registration doesn't invalidate it.

4. So unfortunately you have to share this property with your brother though you may have given the money to purchase it.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Your brother has share in the half share of your father. You can't avoid it.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) on your fathers demise his share will devolve on you and your brother

2) you have to give your brother his one fourth share

In property

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

Flat woul not be transferred in your name as you have only 50 per cent share in flat

2) on father demise you would inherit further 25 per cent share in flat . I presume your mother pre deceased your father

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

Registration of will is optional

I presume will is attested by 2 witnesses

You have to give your brother his share in property

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

Your father was co owner of flat

Hence on father demise your brother has share in flat

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

I Purchase Property In 1978 in my father name and my name Payment made by me from my bank account. my father passed away in 2005. Now my brother is asking His share. what is my status ?

Though you funded for the property fully, it was bought on the joint names hence your father becomes a 50% owner of the property along with you.

Bow since your father died intestate, his share shall equally devolve on all his legal heirs including you.

Your brother is entitled to a legitimate share out of your father's half share in the property equal to you as one of the legal heirs to yor father accordingly. .

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Can i Transfer flat in my name in society?

You are owner of only half of the property hence you cannot transfer the enire proerty on your name especially without a NOC from other legal heirs in your favor in respect of the other half of the property to which your father is till a owner and he is reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

my father made a will in it he mentation for both brother 50% but will is nor registered so can i get my 100% share of the property or I have to pay?

Whether the will is registered or not, if you accept the will which has been validly executed, then your brother shall have 50% share at par with you out of your father's share of 50% in the property.

You cannot get the entire property transferred in your name.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

I simply paid the money so can My brother ask is inherent Right ?

Your brother has a right in your father's share in the property hence he may dispute your title and may drag you to the court seeking his legitimate share as partition out of your deceased father's share in the property.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

BUT THIS PROPERTY IS PURCHASED IN NAME OF MY FATHER AND MY NAME JOINTLY THEN ALSO I HAVE TO PAY ? DOSE NOT IT CONSIDER AS SECOND NAME AS OWNER ? AFTER MY FATHER'S DETH?

As per legal position or prevailing law, there are two owners to the property, i.e.,. the property is jointly owned by two people.

Now upon one of the owner died, his share in the property shall devolve equally among his own heirs or successors in interest provided he has not bequeathed his share in the property by a testamentary disposition or a Will of testament

Therefore you cannot automatically inherit your father's share in the property by yourself just becasue you are the joint owner.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. If the property is registered partly in your father's name and your name then it is a joint property. So if your father passed away intestate then his share in the property has devolved through succession on his class 1 legal heirs i.e widow, mother and children. The share of your brother is at par with your share in the share of your father if the latter left behind a will. The property devolves in terms of a will.

2. The registration of a will is only optional, not mandatory. However, the will is required to be probated if it is in Mumbai. Without probate, wherever mandatory, the will is just a waste paper.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since, on record, your father was the joint owner of the property with you, on his demise, as per his WILL 50% of his share in the property would devolve to your brother and the other 50% of your father's property would devolve on you.

2. The registration of WILL is optional and a non-registered WILL with 2 witnesses is legally valid.

3. In the joint ownership of the property if one person dies, then the property would devolve to the surviving owner and the legal heirs of the deceased owner. In the instant case, your ownership of 50% share + 25% as one of the legal heirs in the property of your father would devolve to you. Other 25% in your father's share totalling to 50% in the entire property shall be shared by your brother.

4. Convince your brother of the reality that you are the one who invested 100% of hard earned money while buying the property with your father and there was absolutely nil investment from your father at the time of buying the property and negotiate with your brother to achieve into mutually agreed terms.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

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