On mother demise her 50 per ce t share in property would devolve on your mother and your father
2) you can refuse to vacate property
3) bank needs your consent for disbursal property surplus funds
Property share
We bought a property/flat few years ago and it is registered on both my father and mother's names. It is still under mortgage and my father is paying the EMI now. I am the only son/child. I am living in the property currently along with my wife. My mother passed away couple of years ago. And things are not well between my father and myself. Now he wants me out off the apartment, as he is paying the EMI. Please clarify me on below 1. Since i can claim a part from my mother's wealth. Can I deny vacating the house. What rights I have for this 2. If bank has to auction the property (if my father stops paying the EMI), does bank need my sign to distribute the remaining cash ? Or does bank give all the remaining amount to my father directly ?
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
1. See you shall have share in the deceased mother's share in property. You can deny vacating house if the father file eviction suit same can be contested.
2. Yes the bank shall give the remaining share. Father cannot claim the complete amount.
You are having a rightful share out of your deceased mother's share in the property, i.e.m 1/4th share, hence you can refuse to vacate the property. Let him go to court and ask for partition. You can challenge the same on the basis of your entitled for a rightful share in it.
In the event of auction sale the bank will issue a notice to yo also as a legal heir to deceased joint owner.
You can dictate terms that time.
Thanks for your replies. Just to make it a bit more clear. Flat is registered on both my parents names. However bank loan is only on my father's name. So, does the bank need my consent to disburse property surplus funds ?
Asked 6 years ago
See on demise of your mother you can mutate your name also in the records. Further bank shall need consent to disburse funds as you shall be owner too.
Since flat is registered in joint names on mother demise you are one of legal heirs
bank would insist on your consent before handing over original documents although loan was repaid by father only
1) Yes you can claim your mother's share i.e., you are legal heir of your mother as such, you are entitled to share in the property left by her i.e., 50% each between you and your father.
2) You need not vacate the house as you have share in the same.
3) Since the property is joint property of your mother and father, you being the LR your consent is required by the Bank.
4) Bank needs your consent to distribute the remaining cash, it cannot give amount to your father directly.
1. Bank will deal ONLY with Father, who is the loan Applicant, for any type of legal dispute or settlement or whatever,,,,
2. IF deceased Mother has not left any will, THEN you can claim your share ratio of Mother's 50% property, wherein you will get 25% and Father will get 25% of Mother's property, which means Father will ultimately own 75% and you will own 25%.
3. IF father does not agree to point no. 2, THEN you will have file local Civil Court suit, for your share ratio.
Merely purchase in joint name dose not make mother owner. If she has contributed in purchase than she have ownership acc. to % of contribution otherwise father is sole owner. But this will declare by court.
On document she is joint owner and on her intestate demise, you inherited 1/4th share in property.
Payment will made to father against which you can raise an objection.
Since the proeprty is on joint names, both the owners have to sign the discharge form, if one of the joint owners is not alive then the legal heirs have to acknowledge the receipt of all the deeds or cash in lieu of the property sold after adjusting the loan amount from the sale proceeds.
In this case you have mothers share if she has not left any will. If the bank auction the house it will give the amount to father as he is the full owner now per their records. You need to seek Succession certificate and then take injunction order from court in order to pay you the balance in case of auction
If your mother acquired the property from her husband side, in such case if she dies intestate, then you have right to claim share in said property .
bank need consent from heirs to disburse funds.
1. Yes you can deny vacating the house but your father can file suit for eviction if property was purchased under joint tenancy rights then your father became owner of complete property after demise of mother.
2. No bank doesn't need consent for distribution of money as loan is on name of father only
