Mr Batra I have come across many cases like this. As the property is built by you with your own funds and own name nobody has the right on that. When members of a joint family live on a property, it does not mean they co-own it, the Supreme Court has ruled. Anybody who says the property is a joint family estate must also prove it, the court said in a ruling that distinguishes between joint estate and joint family. The onus of proving that a particular property is joint family property lies on the person who claims it to be so.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Your family cannot claim any right to property bought by you out of your own income

2) you can issue legal notice to them

To vacate your house

3) if they refuse file eviction suit

4) however if you fail to repay the loan they can sue you to recover loan amount with interest

1. Understand that you have got the sale deed for purchasing the said house in your favour.

2. Also understand that you have taken loan from your family @3% interest rate.

3. Do you have the evidence of your having taken the said loan and refunding it to the family member from whom you have taken the said loan for buying your said house?

4. If yes, then you are the absolute owner of your said house and no body can lay any claim thereon legally.

5. You can ask the present occupants to vacate your house when you return to India or whenever you wish to.

1. Since the property is in your name only and if there are no documents to prove that you had borrowed 3% amount from your family for buying the property, then you are the absolute owner of the property.

2. Even if other family members claim their share in the property, they have to prove their investment of 3% on the property. However you may think of returning their share of 3% to be morally right.

3. It is possible for you to get vacant possession of the property , when you exercise your right on the property.

1) If Property is in on your name than your are the owner and you have full rights on it.

2) By love and affection you can't tell them to vacate home and they had also paid 3% at the time of purchasing the property as advance. Try to talk them with politely and give more than 5% amount as compensation and try to maintain relationship instead of destroying it.

3) By legally you can say to them to vacate your home and they have to vacate ASAP.

Dear Sandeep hi,

Taking a small help from family and friend does not mean the claim of title of property right by than. In case any one claimed that the amount you simply admit that you have taken the amount for your domestic need etc instead of the purchase of property.

For the time being there is nothing like this just chill and don't discuss in family and friends this issue and get ready to pay ASAP.

If the title deed stands in your name and you are the chief contributor in supplying the fund to purchase the property then there is no way one lending help of mere 3% lay claim in the ownership of the house.

So you can rest assured on this account.

However you may note that if the family member who had helped with the said meagre sum of money forcefully occupy the house it will be difficult on your part to evict them from the house.

Apart from this legal hassle there is not much to worry about.

No there can be no.claim as you hold legal title.for your property and sole owner.

You can send a eviction notice to anyone residing in the property stating that they were under your permissive possession now you need for your own use. The notice of 15 days to vacant can be given.

If they donot vacant file eviction suit against them in the civil court.

Hi,

They may not claim any right in that property. It was a loan and not a share in that property.

No they can not claim any right in the property. However they may ask for 3% share given by them.

Yes that is possible. You will have to file a suit for eviction.

Contact a local lawyer for the same.

Regards

Yes, since this is your self acquired property, nobody can stake a claim in this property during your lifetime.

You're advised to return the contribution that you've taken from your family members towards purchase of this house.

1. Since the sale deed is registered in your favour you are the absolute owner of the property. Nobody else has any share in the property.

2. You are free to vacate the property at your sweet will.

The property belongs to you which was purchase by you by a registered ale deed on your name.

They cannot claim any share in the property.

You can ask them to leave your house and stay in a far off place.

Dear Sir,

You must get ready with all believable documents to show that it is yourself acquired property and no amount of Joint Family Property was used construction of such house. There is every danger that it may claimed as Joint Family Property by co-sharers. It is better to get vacant possession of the same and rent it out to strangers, when you are in good terms with the family members.

If the sale deed is in your name then they can't claim.

1. ONLY the registered Title-Owner can claim rights over a immovable property and NOBODY else, irrespective of the Fact that Loan has been taken from anybody.

2. Socially, vacating the house of other joint family members, is little difficult, BUT can be done with a rock heart.

Keep Smiling .... Hemant Agarwal