• Property dispute

My Dad and Mom are separated but not divorced. Younger brother is taking care of Mom and he blocks me and Dad from speaking with her. Younger brother is taking advantage of this situation and influences Mom to sign at any document. Mom also follows the younger brother's directions without questioning back.
There is one property in my name which was purchased back in 1991 when I was minor and Mom was my Guardian. Now I'm 34 years, Major.
In my latest Property tax still, it’s still showing my name as Minor and Mom name as Guardian.
This is at Tamil Nadu.
1. Please advise on the procedure to remove my Mother's name as Guardian and declare myself as Major
2. Is there anything my Mom can do which will affect my ownership of this property?
3. How to safeguard this property from any mischievous act by brother?
4. If I mortgage this property at Bank will it help to safeguard any act of Mom/ Brother
5. Do I need Mom's signature to sell this property as she was Guardian for a long time?

Any further advice on steps to take it forward is much appreciated. I'm reachable over WhatsApp at the given number

Thanks & Regards
Asked 4 months ago in Property Law from United Kingdom
Religion: Muslim

The property was purchased by your mother and she was the guardian. But now as you are a major you have full control of the property and nobody can sell it without your consent and if sold it would be a nullity. Therefore apply to transfer the property in your name and removing your mothers name as your guardian.

Regards 


You have to declare that as you have become a major you need to have full comtrol of the property. She does not have any role as of now. These applications would be filed atthe registrar office.

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

1) since you are 34 years old you don’t need mother consent to sell the property 

 

2) you are at liberty to mortgage the property 

 

3) your brother can file suit for partition for division of property by metes and bounds as property was bought in your name when you were minor and had no source of income

 

4)it would be his case that property was bought on your name for benefit of joint family 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

1. See you can file an application before the concerned municipal authority to amend the bill and update.your name.

2. No after you are major she cannot legally sale the property.

3. See since it is under your ownership retain possession of property then they cannot do anything agaisnt your property.

4. See you can do that if you need of money.

5. No signature of mom is required to sale the property.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

It depends upon the registered documents terms. 

Most of such contracts have clear direction of Gaurdian-ship until the minor attained majority

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
598 Answers
4 Consultations

5.0 on 5.0

1. Please advise on the procedure to remove my Mother's name as Guardian and declare myself as Major
you need to apply to the land revenue officer for entering your name and removing your mother's name since on attaining majority, you have confirmed the transfer of the property in your favour

2. Is there anything my Mom can do which will affect my ownership of this property?
no. She purchased the property in capacity of your guardian. Thus she was only a trustee for you till the time you were a minor. Once you attain majority, you become absolute owner of the property and your mom has no right in the property

3. How to safeguard this property from any mischievous act by brother?
he cannot do anything relating to this property since the property absolutely stood vested in your name on your attaining majority and you having confirmed the property transfer in your name

4. If I mortgage this property at Bank will it help to safeguard any act of Mom/ Brother
not required

5. Do I need Mom's signature to sell this property as she was Guardian for a long time?
no. You can sell it without any reference to her

Yusuf Rampurawala
Advocate, Mumbai
4663 Answers
28 Consultations

5.0 on 5.0

Guardianship has been suo moto repealed when you became major.

In my opinion you should proceed ahead towards the said property transaction. You need to come back when you face any objection. Let me know the objection.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Being major you can take decisions about the property you don't need any procedure to remove her name as guardian as she will automatically be ousted from as guardian duty after you being major. They can't do anything if the property is in your name.  No need to mortgage the same to bank unnecessarily if you don't need loan or other credit from bank. You can contact me through kaanoon at any time for a detailed telephonic consultantion

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

Who actually contributed in purchase of property, if mother than she claim declaration of ownership from court. 

Well,on becoming major, mother automatically seized being guardian and her name can be delete by mere application.

You can mortgage it, do you have original docuemtns ? but bank may ask for NOC of actual contributor in purchase.

Who contributed in purchase is important and on this all questions depepdns.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

1. approach before Muncipality and submit an application for update. you have to submit self declaration or affidavit.

2.your mother dont have any rights in said property.. 

3.he cannot legally claim any share in the property. However, if he has any records for the financial assistance for the development of the property, he may file a partition suit seeking his share in the property. 

4.you can mortgage this property without consent of your mother and brother. 

5. not required. 

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

1.  Since you have become major the proeprty purchased on your name during your minority will automatically pass on to your name if you file a petition to declare you as major by age before court and produce the same to the registrar's office and get it registered.

2. Your mother cannot claim the title to the property because she is just a guardian and not the owner.

3. Nobody can do any harm to your ownership of this property during your lifetime, if anyone is trying to grab the same you may lodge a criminal complaint against the said person., 

4. You can proceed.

5.  No, since you have become a major by age it may not be required.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

1. File an application before the Municipal Authority declaring yourself as the owner of the said property without having any guardian. Hope the property has been mutated in your name having your mother as your guardian. File a fresh application for mutating the property in your sole name.

 

2. Your mother can not legally do anything to convey the title of the property in anu other person's name lawfully.

 

3. Take physical possession of the said property and then let it out to a third party or sell it of you you so wish.

 

4. You shall have to take loan and pay interest thereupon for creating security interest on your said property by mortgaging it. You can take this step or sell it of also if you want to get rid of it.

 

5.She is bno longer your guardian as you have become adult now. So, her signature will not be required while dealing with the said property by you.

Krishna Kishore Ganguly
Advocate, Kolkata
22779 Answers
612 Consultations

5.0 on 5.0

Hello

1. Procedure for transfer the property on your name is that you have to make application in office of sub registrar for removing name of mother as guardian and mention your name as owner of property.

2. No your mother cannot effect ownership of that property.

3. You cannot safeguard the property from your brother as he can file partition suit for getting share from that property.

4. Yes you can mortgage the property with bank. 

5. no you don't need signature of your mother for selling the property 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

See since you are of legal age now no such declaration is required.

See mother has no right on the property and no partition suit in regard to said property is maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

how was contribution made by cash or cheque?

 

2) you should return contribution received from father 

 

3) then sell the property 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

Than your father is owner, mother has not say. Mere purchasing property in the name of someone dose not make her owner.

Otherwise also , property is in your name and guardianship seize on becoming major. Ask your father to either gift the property to you or execute WILL in your favor.

Non have share or say in father life time.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

1. You are the owner of the property now

2. your dad is not against you but with you

3. so your dad need not do anything as of now till the mother takes some adverse steps to defeat your rights in the property

4. if you are the owner of the property then why do you need any declaration for that

5. even if your brother files a partition suit, he will fail miserably since as of now he has no right in the property as you are the owner and even your father is living 

6. to take care of future contingency, your father can make an affidavit saying that the funds for purchase of the property were contributed by him and the property was purchased for your exclusive benefit 

7. he can also make a Will where he can bequeath this property to you which will exclude your brother from claiming any share in the property in capacity of legal heir of your father. Such a Will can be disclosed only when the brother makes an adverse claim against you by filing any partition suit in future

Yusuf Rampurawala
Advocate, Mumbai
4663 Answers
28 Consultations

5.0 on 5.0

He need to file a suit to determine that all the funds are his self earned and mothers name was formality. On the same basis you can oppose partition suit

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

All this can be done by filing a declaratory suit in the civil court.

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

Since the property was purchased on your name during your minority of age, you have become major hence the guardianship of your mother becomes automatically infructuous. You do not have to pay any money to her for any reason.

No suit will be maintainable even if she files any seeking to recover the money spent on the proeprty.

Your brother has no rights in it hence he cannot file any partition suit for the property lying on your name with a registered title deed lying on your name.

 

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

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