I bought a house for my parents and made about 75% of the payment by direct transfer to my father's bank account. My father then paid that money to the builder for payment towards house. My father was a government servant and did not have any source of income other than his salary. The house is jointly owned by my parents. My concerns is, If my father makes a will to transfer 50% of property to my sister's name, will I have the right to say that I paid the original 75% so he cannot transfer 75% that property to my sister. Due to Indian culture, there is obviously no legal agreement between me and my father. I bought the house so they have a place to live.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) your father is at liberty to execute will bequeathing 50 per of flat to your sister
2) there is nothing on record to show that money was given by you to father as loan
3) on demise of father Intestate your mother , you and your sister would have equal share in said property
This is your responsibility of well being of your parents.
Please discuss with your father to make a will for the property so as to give you 75% share of the property to you when they are no more.I N other case they could transfer the whole property to you through will leaving the sister share in other properties.
Legally other that the ancestral property no other properties could be claimed in case of a will by other siblings.
Your father can.make will in respect of that property as he is owner of the property in records. And there is no agreement on record to show that your father took money from you as loan for.purchashing the house and not returned.
Also in case of your father demise without will your sister will still have a equal share in it.
I live in the US and I am not expecting to travel to India anytime soon. If I travel for a week, would that be enough if I did all the preparation beforehand to transfer the property in my name? My father is bedridden and may not be able to travel to any government office to sign the document. Also, I do not want a will as I am not sure if he will override that with another will with a newer date. Please let me know.
An advocate may help you to get the will prepared and get that registered.
Yes, you have the right to say this because you are the real owner of this house; whereas your father is only an ostensible owner.
1) No you can't deny him by giving a WILL of property to your sister.
2)You come here in India and get transfer of property on your name full. Or ask your father to make POA on your name and get registered it.
The best way to ensure that this house is transferred to you, is by way of taking this house as gift from your father.
Contact a local lawyer to draft a gift deed.
Get this gift deed duly stamped and registered.
This could be done even if you are here in India for 2-3 working days.
To.transfer property through any registered deed you father has to be there at sub registrar's office as his sign and thumb impression are recorded before the authority so both seller and buyer in case of sale deed and both donor and donee in case of gift deed are required to be there.
So if you donot want a will either you have to get a unregistered document which can be sbsequently cancelled or hold less evidencary value in case of dispute.
If your deed is ready than its a one time visit to sub registrar office in whose jurisdiction.the property is to register it by paying registration fee and requisite stamp duty.
Your father can execute gift deed in your favour
2) gift deed should be duly stamped and registered
3) one week time is sufficient for drafting and executing gift deed
There are provisions under registration Act where the Sub-Registrar can come to your place for registration subject to the provision and with supporting documents & reason to be given to the registrar in writing.
If agreed, get a gift deed registered in your name.
NOTE:
though the gift is registered in your name if you are not taking care of your parents, they can file an application to the Deputy commissioner for cancellation of the gift under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
1. It depends on how the matter is viewed and/or argued before the Court.
2. If the matter goes to court, your father's/sister's lawyer might claim that you have gifted that amount to your father or has refunded the said amount towards part of the amount which was spent on your education by your father or for on some account.
3. Had you made the payment directly to the builder/seller, there would have been a chance to claim that you had paid 75% of the price for which you can claim 75% share of the said property.
4. Moreover, as per Benami Property (Prevention )Act, 1988, property can not be purchased in some other person's name after the year 1988.
5. So, there is a very good chance of loosing in case you want to file a case claiming 75% share of the said house to be declared in your name as your property.
1. You can get a gift deed executed and registered by him gifting you the entire or 75% share of the house after arriving in India.
2. You can get in touch with a local Advocate and get the said gift deed drafted well in advance beforeyour arrival.
3. Even if your father is bed ridden, registration of the said gift deed is possible by commissioning the registration i.e. when the sub-registrar will arrive at your father's house and take his signature on the register and other documents for which you shall have to pay additional fees to the Registrar.
4. Engage a local lawyer for the purpose at the earliest.
Hi, the only way to safeguard your interest over the property is that they execute a WILL in your favour ..In future you can challenge thier WILL if they make it in favour of your sister , but it will be difficult to claim right over the property
You can claim for repayment of the amount paid if your father gives her 50% of share. Secondly you have no agreement to show you paid 75% for giving to construction of building. So better option is to sue for recovery if your father gives half share to your sister. To transfer a property by gift deed by your father In your favour may take a week time.
If your father is able to establish the source of income and the house was constructed duly out of his salary, then, there is a presumption in his favour. You can dislodge the presumption by producing documentary evidence that you funded 75% of the house and the understanding is to buy the house in your favour as you were in abroad. Also, need to prove atleast through circumstance that you are interested in wellbeing of the parents, hence funded to buy the house and helped them to occupy the house till you demanded to return. Thus, your sister shall not have rights over the property, even 25%
Dear Madam,
Yes, One week time is more than enough to get the property registered in your name otherwise get gift deed or a suit may be filed and get decreed on consent through GPA. You may visit the following link.
http://dolr.nic.in/dolr/downloads/pdfs/Registration%20Act,%201908%20-%20FAQ.pdf
Even though your intentions were good that you wanted your parents to stay peacefully in house property for which you funded the amount for purchase, since the property was purchased in your father's name, he becomes the absolute and sole owner of the property.
Thus he can transfer this property to anyone of his choice.
You cannot claim any share in the property during his lifetime as a right.
.
You should not take the Will route for getting back this property
You can prepare a registered settle deed on your name to be executed by your father, but do not reveal about this to anyone before the same is completed.
Hello,
Yes a week time will be sufficient for you get the property transferred on your name by means of a gift deed.
Get all the work done in advance and thereafter you and your father will have to visit the office of the sub-registrar
Regards
Note that your father will have to visit the office of the sub registrar once and without going to the office the same can not be done.
Regards