• Does co-applicant and not co-owner have any property rights

I have four siblings; I wish to buy a flat on my mother's name, and would be the sole co-borrower, paying the complete EMIs. 

Could you suggest, the what could be the future implications in this case, when my mother is no more. Will my father be the new owner of it automatically, or it will by default, get split into siblings.

Kindly suggest the legal implications.

Asked 3 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) in the event your mother dies intestate ie without a will   flat would devolve on her legal heirs namely 5 children equally 

2) your father would not get any share as he is not class 1 legal heir . 

3) your mother can during her lifetime execute a will wherein she can bequeath flat to whom soever she desires
Ajay Sethi
Advocate, Mumbai
44206 Answers
2562 Consultations

5.0 on 5.0

1. Since the conveyance deed is going to be executed in your mother's favour she will be the owner of the property.

2. If your mother dies without making a will her husband and all children will inherit the property equally.

3. During her lifetime she can make a will of the entire property in anyone's favour.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

1. If you can not buy the proeprty in the sole name of your mother when it is you who will make the EMI payments.
2. So you will have to be its co-owner.
3. On the death of your mother, her half share will be automatically divided among her husband and sons/daughters.
4. To avoid this she can make a Will in your favour which though may be challenged by your siblings.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

If you are paying the EMI then the propert cannot be solely registered in the name of your mother. Further if tomorrow ur mother dies then all the class 1 legal heirs Will have equal share in the property under her name so make ur decision wisely.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
843 Answers
63 Consultations

5.0 on 5.0

1. When your mother departs from this world, without executing a 'WILL', then the property would devolve equally amongst your father and four siblings.
2. If she executes a 'WILL' and after her death, the property would devolve to such beneficiaries, as detailed in the 'WILL'.
Shashidhar S. Sastry
Advocate, Bangalore
1616 Answers
107 Consultations

5.0 on 5.0

Any property on  any individual will devolve equally on the legal heirs if the owner is dying intestate.  Therefore if you intend to buy property on your mother's name, it will become her own and absolute property, and after her intestate demise, the property will be equally shared by all her legal heirs including your father and brothers and sisters.
So  better do not do that mistake, buy a property on your name itself to avoid future legal complications  
T Kalaiselvan
Advocate, Vellore
34332 Answers
368 Consultations

5.0 on 5.0

1. If the property is bought in the name of your mother, she will be the sole owner of it,

2. After her demise, intestate, the property will be owned by all her legal heirs being your siblings.
Krishna Kishore Ganguly
Advocate, Kolkata
18101 Answers
438 Consultations

5.0 on 5.0

A. After the demise of your mother that all the class I heirs will have equal share over the property, i.e, father, children.

B. Your brother will take the defense that the family was joint family and the sole brother paid the EMI with the assistance of joint family funds or if you paid the amount from your accounts that they will establish case as it was maintained the all the things from other brothers.,

C. I would suggest that even if you purchase the flat in your mother;s name, you have to get the Registered Will in your favor without the knowledge the other brothers or get the registered gift deed or release deed after the clearance of the loan. 
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer