• Want to sell a flat co-owned with my mother

In 2002 I had bought a house in Borivali, Mumbai. I had included my Mother's name as Co-Owner. However, the payment for the Purchase of the house was fully done by me. My parents have their own house . After my marriage there has been dispute between me and my mother and now I am requesting her to sell the house. My Parents are retired and presently staying in the house in question their source of Income is rent of the other houses owned by them and my sister who is working. 

My mother and sister is very dominating and hence it is impossible for me and my family to stay together with them.

1. How can I legally force my Mother to sell the house.

2. Even though my Mother is Co-owner on Sales deed of Property, full payment has been done be me and I can provide bank proof of the Payment. Whether I can get the whole right on Property if I approach the Civil Court.

3. In worst case I am willing to share the sum received from the Sale of Property proportionately.

Can you please guide me the Legal Procedure on this issue.

Regards
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) your mother is co owner of the house

2) you need her consent to sell the flat

3)if mother refuses to give consent file suit for partition for division of house by metes and bounds

4)if it is not possible to partition house court will direct sale of house

5) in the alternative file declaratory suit that you are absolute owner of the house as full consideration was paid by you

6) suit would take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Your mother is the title holder of the house as it is registered in her favour, so she alone can sell it. You cannot force her to sell it. What you can do is file a suit for declaration of your title to the property on the ground that you had paid the sale consideration but registered it out of love and affection in favour of your mother. To succeed in the court you will have to lead evidence to prove that sale consideration moved from you.

2. The cheque/sale receipt from the seller are to be led in evidence to prove the sale consideration moved from you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You cannot force your mother to ell the property. If you have fond any buyer who can buy your undivided share in the property, you may go ahead with selling of the same.

2. You cannot get the full rights in the property since your mother is a registered joint owner of the property.

3. You can compromise with your mother accordingly.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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