• Title to property

My father purchased a property in the name of my mother but purchase money paid by father through cheque which mentioned in the purchase deed. We are three sisters, brother & mother, now questions is that the shares of same property are equal sharer or not?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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14 Answers

This is benami property and on father`s intestate death, all have 1/5th share each.

Actual title vest in father and after his demise, in his legal heirs equally. 

Yogendra Singh Rajawat
Advocate, Jaipur
22663 Answers
31 Consultations

4.4 on 5.0

If your father has filed an income tax return as HUF or mentioned that property in the HUF and all are the members of that HUF. Than the same property can be divided equally or as per HUF sharing ratio.

 

If HUF is not there than your mother is sole owner and she has title of it.

 

If there is any dispute between your parents than your father can claim that property through court that payment is made by him so he want share in it.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

you can file suit for partition to claim equal share in property as it was bought in mother name for benefit of joint family 

Ajay Sethi
Advocate, Mumbai
94825 Answers
7560 Consultations

5.0 on 5.0

already replied to your query 

Ajay Sethi
Advocate, Mumbai
94825 Answers
7560 Consultations

5.0 on 5.0

Mother is absolutely owner of the property you your sisters and brother has no right on same , mother can freely dispose the property as per her wish.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have no right on same and cannot seek any share from same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

All the legal heirs , here four of them to get the share of the property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

If its mothers self acquired property then it will be decided by mother only. If you want to dispute then you need to file a suit in civil court on ground of fathers money being used in the same

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Even though your father funded entirely for the purchase of this property,since it was bought by a sale deed registered on your mother's name, it shall become your mother's own and absolute property, hence nobody can claim a share in it as a right at least not during your mother's lifetime.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

You have not stated that whether your father is living or not.

In any case since the registered sale deed is on your mother's name, it shall be your mother's own and absolute property, therefore nobody can claim any share in it as a right at least not during her lifetime.

 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

The property as on now is on mother's name. All children shall have equal right one fourth each.

If title of the property is changed to father as the whole contribution was made by him, by a declaration suit, share of each son and daughter after demise of the mother shall be one fifth plus one fourth of one fifth( share of mother).

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

the property purchased by your father is self acquired property and you will have right. but if he made any will r terms and condition in the documents in her favour then you wont get.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

replied. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No you cannot claim equal share till your mother is alive because the property is currently owned by your mother. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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