I got separated from my husband and stayed with my parents for 10 years. I purchased a land on my name with my income and also half of the amount was given by my dad for the land. After 7 years now my 3 brothers are claiming to return the land to them because the amount was given by my dad. My elder brother also filed a case stating it is a benami property and he had paid money by himself and got registered on my name to avoid future conflicts from other 2 younger brothers. I wanted to sell the land to do my daughter's marriage and did agreement of sale with the Buyer. Will the land get registered now by the registrar because my brothers saying they will stop the registration by sending a notice from court to registration office.
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Dear Client,
Till no stay order from court, you can sell the land. Avoid him. Hope you had payment proof.
if court grants injunction restraining sale of property then registration would not be done in favour of buyer
2) you should contest the suit proceedings
3) enclose proof that 50 per cent sale consideration was given by you balance as gift from father
See in case there is a court stay then property cannot be sold otherwise if there is no stay you can freely sale the property.
As such in case father gave amount from own earning and brother has not made any payment then brothers has no role and share in property.
until court grant injunction order said property cannot be sold. if there is no orders you are free to sell said property without consent of your brother. 50% consideration amount funded by your father not your brother.
Hi,
If your father is alive, get a release deed from his regarding the money shared by you and all the claims of the brothers will be infructuous. Then you may proceed as per your wish.
Dear Madam,
File a suit in civil court for injunction to restrain your brothers from interfering in your property.
The court may order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging alienation, sale, removal or disposition of the property as the court thinks fit until the disposal of the suit or until further orders.
If all mutation papers are in your name and it's clear title on your name than no need to worry about it. Just you have prove that the loan is paid by you and father had given amount to you. From where the father has got that amount its source of income.
They can't stop the same by sending notice they need to take stay from court
Hello,
if no stay order is passed by the court then registrar will proceed with the registration. Father paying 50% amount does not amount to property being a benami property.
file a caveat in the court so that no stay order is granted in your absence.
regards
You dont worry about the threats posed by your brothers.
They cannot stop the registration of sale deed by sending any notice until there is an injunction order from a couirt of law.
You may file a caveat before the concerned court and then sell the property so that the court may not be able to give an exparte injunction order in this regard,.
Your brothers' case may not be maintainable because the property has been registered ion your name, no claim from their side will be entertained by court.
Dear Client
The property was purchased on your name in which half of the money was given by your father.
Then your brothers can't claim the property even if they file a petition in court they can just delay the sale process but cant convert the ownership of land on their name by any means. So you can continue with the sale registration as per your wish. And use the money in your daughter's wedding.
