• Mother as co-owner of property

I bought a flat in 2005 in Mumbai & put my mother's name as a co owner, though 100% finance is put in by me. Im still paying maintenance and emi for the same. Due to conflicts in the house..I shifted out wth my wife & kids couple of yrs ago to a rental house,my parents continue to stay there. just for nuisance sake my mother doesn't let me sell the flat. There is no nominee for d flat & she is not allowing me to put my kids as nominee. Im her only son bt only to cause problems she is trying to put someone else's name as nominee. Pl guide as to will someone else get half of my property aftr her demise ? will I lose my hard earned money to someone just because I put mother's name as co owner. Will me or my kids not be the rightfull owner ? What should I do to safeguard my interest.  I'm ok if she lives there but not ok wth someone claiming a share on my hard earned money. Senior citizens are not d only suffering. They cause troubles too.Maharashtra
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) your mother is co owner of flat 

2) she can bequeath her 50 per cent share in flat to whom soever she so desires 

3) she can also gift her share in flat to whom so ever she pleases 

4) however please note that nominee is only a trustee for legal heirs 

5) on your mother demise even is she nominates some one else as legal heir you would inherit her share as long as she does not make a will 
Ajay Sethi
Advocate, Mumbai
44479 Answers
2585 Consultations

5.0 on 5.0

at present your mother is a joint owner, She can dispose her share as she wants by writing a WIll or gift.

since your parents are living the house and if they do not have nay other residence it will be difficult  to get an order for sale . However if you wish you can approach the court and file a suit . You can easily prove that you are a paying EMI and you have invested the money. You should also take a defense that now you are staying on rent. At any circumstances court will  order  the sale of flat and your mother will have 50% right in it, as her ownership and title will not be challenged
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1. If your mother dies without making a will her husband and children will succeed equally to her share. 

2. Once you have put your mother's name as the co-owner she gets all the ownership rights regardless of the fact that you pay all the EMIs.

3. You have a 50% share in the property being one of the co-owners. She can make a will and give her share in entirety to anyone she desires. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) Regardless of the fact that you paid the entire amount to purchase the flat as your mother is made the co owner she has 50% rights in the flat.Since you are co owners you need to get a nominee by consensus.

2) To avoid your mother from getting a nominee appointed with information being given to the Housing society, write a letter to the Society informing that without your consent no nomination shall be accepted.

3) If your mother passes away without leaving a will behind you being the only son will inherit her share in the flat.On the contrary if she makes a Will regarding 50% of the property and names someone to execute her will you can lose her share of the property.

4) In the event of her death you should shift back to your house and be in possession to disallow any third party from staking a claim in your property.
S J Mathew
Advocate, Mumbai
2233 Answers
110 Consultations

5.0 on 5.0

1. Your mother is the rightful owner of 50% of the flat. Period,

2. Neither she nor you alone can put anyone's name as a nominee of the flat,

3. She can gift or will her share of the flat to anyone which you can not stop,

4. You can file a declaratory suit praying for a declaration that you are the actual owner the flat since you have paid the entire consideration while buying the said flat,

5. If the Court so declares, you can be the absolute owner of the entire flat,

6. If your mother dies intestate, you shall authomatically inherit hwer share of the said flat.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

This is another ego hurt case. First of all you should understand that a nominee is not a legal heir to claim share in the property.  A nominee is just  a trust to receive and handover the property to the legal heirs of the deceased. 
Your mother even if she  nominates a third person, the question is that how  far that third person will be able to claim a share in the property. 
Further your kids do not have any right in the property.  It is you the absolute owner of your share in the property along with your mother who will be the owner of her share in the property.
You should not agitate over sundry issues which may result into a loss for  you. Instead at least pretend to be affectionate with your mother which may change her mind and would make her to bequeath the property in your name alone. 
T Kalaiselvan
Advocate, Vellore
34587 Answers
373 Consultations

5.0 on 5.0

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