ravi is co owner of flat
2) satyen cannot claim absolute ownership of flat
3)Arvind had paid EMI for flat for 10 years .
4) on his demise property devolved on his 2 brothers who would be absolute owners of flat
Property issue
Hello sir we are 3 brothers ravi ,arvind and satyen . arvind have taken lone for a flat where in documentation satyen is applicant and co-applicant is arvind .arvind have paid EMI to bank for a 10 year. after that arvind died due to sickness in 2015 . and from 2015 ravi and satyen both paying equal amount of EMI to the bank . now satyen is claiming as a complete owner of property .( arvind not married ) my question is that ravi will not get anythings ?? my contact no [deleted]
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
1.At them of death of Arvind he was not half shareholder of the flat along with Satyen.
2.Now on his death his half share would be equally divided between Satyen and Ravi.
3. So now Stayen become the 75% owner of the flat while Ravi is 25% owner.
4.So in other words Satyen can not claim to be its sole owner.
5. If Ravi does not get his 25% share in the flat he can claim his right in court by filing a suit for partition.
1. if you have some evidence to prove that EMI was paid by the Ravi also then satyen cannot claim his full right over the property.
2. it is settled law that when price of the property has been paying from a joint account or jointly by more than one person then all the person paying the amount shall be owner of the property to the extent of their share in the payment.
if you think that satyen can claim his absolute ownership on the property then you may file a suit for injunction to prevent him to interfere in the property.
1. Has the flat been already sold? If yes, then in whose name?
2. Satyen and Arvind are the co-applicants of the loan availed from the Bank but in whose name thefaklt has been registered?
3. If it has been registered in the name of Satyen and Arvind jontly, then Ravi can not claim his share in direct ownership of the flat.
4. However, since Satyen is unmarried, Ravi will be one of his two legal heirs alongwith Arvind 9if their mother is no more) for which Ravi will have 50% share of Arvind's 50% share of the flat.
5. So, Ravi will inherit 25% share of the said flat and Satyen will have 75% share of it legally.
Is Arvind survived by his, mother, wife and/or children? If the answer is yes then his share in the flat devolved on them equally. If, however, he was not survived by any of these three then his share has devolved on his two brothers i.e Ravi and Satyen. So in any event Satyen is not the sole surviving legal heir.
First check the ownership of the flat. So you look in to the title deed (Sale deed) of the flat in whose favour was registered .If the title deed is in joint name of all then all persons have equal rights. If sathyan is claiming owner of the property then he must answer why the other person pay the EMI to bank. Aravind had paid EMI for flat for 10 years. Ravi also paid the EMI 2015 onwards. So Stayan is bound to prove that he paid the EMI to bank
After the death of Aravind,his share is distributed among his brothers equally unless he is executed a will deed with regard to the property.
In what capacity did Ravi started paying the loan repayment?
Even by making repayment of loan Ravi cannot become a owner of the property which is not on his name.
He may claim the repayment of loan amount what ever he has paid to the bank or the financial institution and may initiate legal process for recovery of the amount paid by him against the owner of the property.
