• Ownership

I was coapplicant in houseloan , but porperty is in the name of my father . Can I claim ownership?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

You are a Co borrower not co owner of said property. The property is solely owned by your brother. In such situation you will not be able to claim.try to add your name in the property as a co owner then only you can claim.

Mohammed Mujeeb
Advocate, Hyderabad
19358 Answers
32 Consultations

You cannot claim ownership of flat 

 

2) property is standing in name of father 

 

3) you are mere co applicant of home loan 

Ajay Sethi
Advocate, Mumbai
99929 Answers
8155 Consultations

1) Yes, you can claim for your share if it is mentioned at the time of registration in the sale deed. If it's not mentioned than by default 50% share you can claim it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Ownership will be acc. to contribution in purchase. Co applicant means , 50 % ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If you are a co-owner too then you claim the property else no. Only after the death of father intestate you will have right to claim the same 

Prashant Nayak
Advocate, Mumbai
34628 Answers
249 Consultations

Based on the amount you paid towards the loan amount you can file a declaration suit to claim your share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Typically no.  BUT IF you file a Civil Suit for Declration, supported with the Loan documents, payments, ITR, and other documentary evidence, THEN you would be able to achieve your goal.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The property was purchased in the name of your father, so he alone will be considered as its sole owner.

2, Now if you wish to be its sole owner or half owner , your father will need to make a registered deed in your name .

3. Else merely on the basis if co applicant of loan you will not be treated as its sole or co share holder.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are the co- applicant in the loan but not with the half ownership.
  2. Now it depends upon the the act of the co- applicant and the ownership with respect to the payment of the loan.
  3. Basiclaly, you being the guaranteer to the loan nothing more than that, but at the same time if you can be involved in suing loan instalments from your pocket also (even a small amount) then you approach the court as there are certain exceptional cases in which this has happened.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi,

You may not claim ownership in the property on the basis of house loan alone. 

Ganesh Singh
Advocate, New Delhi
7167 Answers
16 Consultations

Dear Sir,

If your father relinquishes or release his rights over the property then only you can claim your title and ownership over the property.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Co-applicant cannot claim ownership in the property even for a share in the property.

You are a co-applicant only for the purpose of loan and not a share holder in the property.

 

T Kalaiselvan
Advocate, Vellore
90130 Answers
2503 Consultations

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