My father purchased a land in 1998 in the name of my elder brother. The land deed shows my elder brother as the owner of the land. When a house was built on that land, the property deed was also in the name of my brother as he used that deed to take home loan. Major portion of the expenses to build the house was borne by my father. I also have an elder sister. In 2000, a deed of gift was made where my elder brother as a doner has gifted the ground floor of the house ( two storeyed) to me and an estimated cost of the ground floor was mentioned in the gift deed. My father passed away in 2006. As the house is getting sold now, I have two questions: 1) Can this property be considered as an self acquired property by my father which will allow the all three of us to have equal share of the amount received from selling the house? 2) If the answer to above question is NO, can I demand 50% of the amount received from selling the house?
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Property was bought by father in name of elder brother for benefit of joint family
2) once gift deed executed duly stamped and registered you are absolute owner of property
3) your sister can file suit to claim equal share in property and to set aside gift deed
1. See since house is in name of you and your brother you both are absolute owners your father is not owner of said property.
2. You as per your share in the property as per gift can seek the share that is 50 percent from the property.
my basic question still remains the same: 1) Will this property be termed as owned by my father since all the legal documents reflect my brother as the owner? 2) if the property is not owned by my father, how my sister can file law suit for claim? 3) As the gift deed speaks of a specific amount for the ground floor, can I still claim 50% of the selling price considering the fact that the gift deed speaks of me and my brother only?
1) it would not be regarded as owned by father
2) sister can take plea that property bought in brother named for benefit of joint family and brother had no source of income for purchase of property
1. Since the property was transferred to your name, that share of property transferred to your name by a registered document shall become your own and absolute property.
The rest of the property shall be your brother's own property.
2. You are entitled to the sale consideration amount in full with regard to the selling of your portion of property in it.
1. IF Gift Deed mentions any amount, THEN the Gift Deed is null & void and has no legally enforceable value.
2. IF Gift Deed is NOT duly Stamp Duty paid and Registered before the taluka registrar of sub-assurances, THEN the Gift Deed is null & void and has no legally enforceable value.
3. IF Father funded the purchase of Land and Construction of House AND "IF" such funding is reflected in Father's Income Tax returns, THEN irrespective of name on property, LEGALLY, the property belongs to Father (since law construes that father purchased it brothers name only for family convenience purposes).
4. IF point no. 3, is true, THEN brother CANNOT execute Gift Deed in your favor, for property which does not reflect in Brothers income tax returns as owner of property.
5. IF point no. 4, is False, THEN you become the absolute owner of ground floor property, by virtue of the registered Gift Deed executed in your favor by your brother and you are entitled to sell /donate /mortgage /transfer /whatever .... without any legal reference to ANYBODY.
Keep Smiling .... Hemant Agarwal
VISIT:
1. Your brother is owner father shall not be owner.
2. See in case your sister showing it to be your father's property file suit you have to contest.
3. You can claim for only your share not more then that.
Mere purchase in the name of son dose not make him owner. It`s father self acquired property, and all class I legal heir have equal share i.e. 1/3rd share each.
Gift deed if not objected by sister than no problem, can claim 50%.
Actual owner is father.
Sister can file partition suit, gift deed not valid.
And if gift deed is in lieu of amount than invalid.
It will be the self acquired property of brother as it was purchased in his name. Otherwise suit has to be filed stating that the house was purchased from fathers funds. A settlement deed between you all will be a speedy and less expensive remedy
Hello,
If the deed anywhere state that your father has financially aided your brother only then your claim will stand.
Regards
1. The property stands in the name of your elder brother. Unless declared by the Court,based on an application filed by you, that the said property is owned by your father since he has spent most of the amount in buying the land and constructing the hopuse thereupon, the property will be considered as that of your elder brother.
2. The ground floor of the said house is owned by you by virtue of the gift deed registered by your elder brorther in your favour. So, without your signature/consent, the ground floor of the said house can not be sold at all. However, you can demand 50% or any amount of the sale proceeds of the entire house before apending your signature on the sale deed for the house.
1. The property will not be termed as that of your father.
2. Your sister can file a declaratory suit claiming that the said property actually has been purchased by your father by spending on it which now should be inherited by all his legal heirs.
3. The property stands in the name of your elder brother. You have accepted the gift given by your elder brother to you as per the gift deed by which you have already accepted him as the owner of the said property. You can sell your ground floor at any price or ask for 50% of the total sale, price of the house as the price for your signing the sale deed of the entire house.
If father purchased the property in the name of son by a registered deed of sale then sister have no right.It is does not matter who had provided money.This provision is enacted after abolished of Benami Transaction.
What you can do is to claim declaration of title to the property on basis of contribution of consideration paid by your brother and father. You and your sister will inherit the share of your father in the property.
No property will not be considered as self acquired property of your father because it was purchased on name of elder brother.
Your sister can file law suit but she doenst have claim over property because property is owned by you and your brother.
You can claim the share as per your gift deed.
