1) since full sale consideration has been paid by your mother she can file declaratory suit that she is absolute owner of property
2) enclose bank statements which prove sale consideration was paid by your mother
Joint ownership of single flat
We purchased a falt in 2007-08 in Indore, MP for which we took a loan on 4,75,000/-. Since we were new in the city, my uncle (Bade Papa) proposed joint ownership between him and my Mother on the registry so that we can get a hassle-free loan. Now 11 years later, after death of my father who also paid him full loan amount he is claiming for his half and wants us to sell the property. He is also traumatizing my mother for it. P.S: My uncle just got back from jail after 6 years because of a Bank fraud he did while working at Union Bank of above 1 Cr. because of which CBI was involved and proved him guilty. Need help in dealing with this situation.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. Well, since the name of your uncle is appearing in the title deed of the property, he is considered to be its lawful owner.
2. So lawfully the demand of your uncle is sustainable and you can not avoid giving his half share.
3. The passing of sentence in the criminal case has nothing to do with his right of share in your property.
See if your father paid the complete consideration for the flat and uncle was made owner just for purpose of the loan then in that case a declaration suit needs to be filed seeking declaration of ownership of you along other heirs of father over share of uncle.
Warm greetings!
Joint Ownership of wat agreement you have entered .
It was entered between your mother and uncle property vest with whom and either mother is released . In such a case your uncle has no Ownership and he cant claim for his right if its self acquired property of your parents.
However if the property is an ancestral property then even your uncle will have a right to claim the property based on which can enter into partition as per the partition of your shares you can sale out the property..
You have to file a title declaration suit stating that full contribution towards consideration of the property was paid by you. You have to support your claim by providing relevant evidence of payments in court.
Dear Sir,
It is better to go for and file declaration suit in Civil court against your uncle stating that your mother is the absolute owner of the property and she has paid fully amount to the property and get single ownership.
A "Declaration" is an authoritative pronouncement by a court of law in respect of a person's right to property or his status.
Any person entitled to any legal character, or to any right to a property may institute a suit against any other person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such a suit ask for any further relief.
If you have payment proof that full payment made by your parents. Have to file declaration suit in court to claim absolute ownership. As of now, he is co owner in documents, agasint force to sell and claim by him, court will grant stay.
Your Mother should immediately file declaration suit for ownership of flat.
for proving the ownership you should collect the evidence that your uncle money was returned by your father.
if your mother having bank statement and transactions details then she can file declaratory suit under section 34 .
As he is also the owner of the property you cannot deny him the share although his intention was malicious right from the start.
You could go for a civil suit for full ownership as you paid all the money as he decided to transfer his sharw to your mother.
Regards
- Joint ownership takes place when two people decide to purchase a property together.
- Since, the said flat was purchased in joint ownership for loan purposes only, hence the person who has paid /paying the EMI of bank can be declared single owner as per law.
- The said flat was purchsed in the year 2007-08, and further your uncle was behind the bar for 6 years, so it is clear that the loans amount was paid by your parents i.e.father.
- You are suggested to arrange the details of paid up loan amount from the bank, if by your father, then as per law , you should file a Decleration suit before the court in the name of mother , after producing the bank statements.
- Further, you should lodge a complaint against your uncle , before the police for traumatizing your mother.
-Since , your uncle has been indulged in the offence of cheating , hence police will take against him .
Good luck and dont forget to rating Positively.
If the property is on the joint names, you cannot do anything about it.
He will claim 50% share in the proeprty.
Hence you may enter into a compromise agreement and solve the issue amicably because any case filed court in this regard may not fetch you any fruitful result in your favor.
Discuss with a local advocate on the basis of the documents held by you and take a decision accordingly
If you have the proof don't leave the possession let him file the suit and prove the same
