• Property dispute

My father and myself had purchased a property which was taken loan and the loan was paid for one year by my father and later it was me who paid the loan amount fully and full tax benefit was taken by me only. later on final disclosure of loan there was balance amount for which I need to pay and close the loan which I did.

Now the point here is my father is willing to share the property to my sisters also without my knowledge or not taking any opinion from me which is very much disturbed me when I heard from thirdparties. I have not asked him since I don't want to get disturbed by this dispute.

I just want to know who is responsible for this property, since both of our name is there in the property and I am the only son.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Since his name is mentioned in the deed he is deemed to be its half share.

2. The fact of payment of money by you is of no consideration.

3. Since he is the half undivided share holder in the property , he can gift his half share to your sisters or to anyone he chooses.

4. So you better defuse the tension and convince your father not to do this to you.

5. Or you may buy his share also.
Do note that there is no other option.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) since property has been purchased in joint names your father is 50 percent owner of Sai property 

2) your father can bequeath his share in property to whomsoever he so desires

3) merely because you have paid lnstallments on loan does not make you absolute owner
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1)your father is not sole owner of property 

2) both your names are reflected in the sale deed

3)better talk to your father and request him to execute gift deed in your favour of his share in property
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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You can not stop him from selling his half share.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. If the property has been registered jointly in you and your father's name then it implies that you are joint owners thereof. 

2. Your father is at liberty to sell or gift his 50% share in the property to anyone he desires. You cannot stop him from giving his share. 

Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
Under no circumstances you can stop him from selling his share in the property. If, however, he attempts to sell/gift your share in the property then you may seek a stay order from the court. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0
1. If the sale deed has been registerd in both of your names then both of you are equally owner of the said property,

2. Your father can deal with his 50% share of the said jointly held property without your consent,

3. You can pay for the said share of your father and own the entire property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
if you have paid loan with a view to not merge your this property in joint Hindu family property then you have right to claim ownership on the land. [ syndicate bank vs rehani estates pvt. ltd 2007 ]
if loan is partially paid then you have right of ownership to such extent. file partition suit and get your share. it is purchased by you with father's share holding. then it is not ancestral property. your sister has no right to claim in it. father has right to alienate his share only.    
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Hi, though you have paid the loan amount but property was registered in the name of your father so he can make a gift or will his 1/2 share to your sister but he can not claim right over the entire property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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