Is it recorded in the relevant sale deed that 95% of the contribution towards joint purchase of the property flew from you?
Property dispute
I purchased a property on joint ownership with my son..his namd is as the first holder on the agreement as he took a loan for the flat however after two years of time he stopped paying the loan and is started getting letters from.the bank regarding loan..so i sold my another small property n cleared the whole loan..so 95% of monwy o have paid for th flat ..i wish to sell the flat and buy a smaller flat.. but my son is not willing to do so..please note my son is not staying with me ..since the purchase of the flat ..he secretly got marriedn staying in another house...i need your guidance on how to settle this matter..
Asked 6 years ago in Property Law
Religion: Christian
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
Agreement still stands in joint name he being the first holder..I have all the relevant proofs such as the cheques issued from my personal account to clear the loan..
Asked 6 years ago
1) your son is joint owner of the flat
2) for sale of flat you need his consent
3) you can file declaratory suit that you are absolute owner of flat as full payment has been made by you
4)but suit would take 15 years to be disposed of
you can file declaratory suit that you are absolute owner of flat as loan has been repaid by you and son failed to pay EMI for the flat
Sir, since your son is the co-owner of flat you cannot sell the flat without his consent..
Since there is no recital anywhere in the agreement as to the fact whether from whom and in what proportion the consideration is contributed by each of you, it will be presumed that both of you have contribute 50% each. However, to dislodge this position, you will have to seek a declaration as to the effect that you have 95% holding in the instant property and your son has entitled to only 5%. Also, seek injunction against your son from creating third party rights as against his on paper holding of 50% of the property. Section 45 of the Transfer of Property Act will come to your aid in establishing the relevant position. File a an appropriate sale accordingly in the civil court and once you have orders in your favour, you can sell your 95% stake without taking any consent from your son.
1. If the sale deed is jointly registered in favour of you and your son then both of you are the joint owners thereof, as a corollary to which you cannot sell the property without his consent.
2. The agreement pales into insignificance once the sale deed is executed.
You cannot sell the house for two reasons:
First being
the property still under loan. You have to discharge the loan fully without which the bank will not return the property documents.
Secondly the property is jointly owned hence you cannot sell the entire property.
You can sell only your share in the property
Agreement still stands in joint name he being the first holder..I have all the relevant proofs such as the cheques issued from my personal account to clear the loan..
The proof is only for discharging the loan and not for purchasing he title.
Therefore you cannot sell the entire property without his consent.