You should file a declaration suit for declaring the ownership on the basis of payment of loan
Can I put a case for share on the property taken on the name of my mother
Hi, Actually my father has purchased 2 shops on the name of my mother and registered on her name.The funds used to purchase that shops comes from the property received from my grandfather through registered will.My father has sold his share received from my grandfather and purchased new properties..one house on my father's name and another 2 shops on my mothers name.. Now the concern is that during construction of the shops i have given lot of funds to my father and taken loan from bank where i am main applicant and my mother,father are co applicants..The monthly EMI deducted from my salary account as i am working as an engineer in reputed company..since the loan taken to till date i have paid 10 lac amount to bank principal +interest. Now my mother is going to sell her property and want to give money to my sister who married. Can i put a case or take any legal help to get back my whole amount or ask them for share whichever i have given during construction and EMIs.. Pls guide..
Asked 3 years ago in Property Law
Religion: Sikh
18 Answers
You consult a local lawyer and first issue a legal notice to your mother demanding the property to which you had been repaying the loan by EMI and the interest therein.
You can make an alternate demand to return your money if they are not willing to give the property to you.
After that you can file a suit seeking the relief of property or return of your money along with an application seeking ABJ to attach the property towards security for the amount due to you.
You can also file another application in the same suit seeking an order of injunction restraining your mother from alienating or encumbering the property in any manner till the disposal of main suit.
1. The property received from your grandfather , through WILL, by your father shall be treated as separate property in the hands of your father having the characteristic of self acquired property.
2. Being the owner of self acquired property (as detailed in 1 above), your father has acted within his rights to have bought a house in his name and few shops in your mother's name.
3. If you can prove through records, that you had lent your personal money to your father by taking loan and you only have so far paid more than Rs. 10 Lakhs, then definitely you can stake claim in the property. Either you have to get back the entire money + interest which you had paid to Bank as EMI or a corresponding amount of the share in the property or proceeds to be given to you. It will be injustice if the proceeds from the property is given only to your married sister, when the EMIs are duli paid by you.
4. If need be, you can bring court order to stop the sale proceedings.
You need to file a civil suit for the same. You will get back the money
1. Since you have contributed a lot of money on the property your mother is the benamdar of the same.
2. Therefore you can file a suit for declaration under Benami Transaction ( Prohibition) act.
3. In the said suit you can seek injunction as well so its not transferred in the meanwhile.
The ancestral property came to your father through a will and hence it became a self acquired property. You invested in that property but it is in the name of your mother. She can give it to anybody irrespective of whether who invested in it. You may stop the emi payments.
You can negotiate with them on this issue.
You can file suit for partition for division of property by metes and bounds
2) seek an injunction restraining sale of property by mother
3) take the plea that property was bought in mother name for benefit of joint family
Yes, you may claim the title/share in the property based on your contribution through the loan which is being deducted.
You may file a civil suit in district court to get share in property and stay on sale or to maintain status co.
Please file suit for partition and agitate your rights for equal shares before it gets disposed of by your mother in favour of your sister.
You may go for the temporary injunction against your mother and married sister under order 39 and section 151 of C P C 1908 to seek stay till your rights are determined in the property.
1. Irrespective of the funds generated from Grandfather WILL, the property purchased by both Parents would be classified as "Self Acquired" and they are legally entitled to Sell /Gift /Transfer /Donate /whatever .... to ANYBODY they wish, without any legal reference or NOC from any of their own children, without any exceptions.
2. However, IF you can documentarily prove that you funded the Property (thru loan EMI etc....) THEN you are entitled to claim that much share ratio of the property to the extent you funded and IF parents are non-cooperative, you can claim your share thru a local Civil Court Suit by providing documentary evidence and relevant witnesses. TILL this court suit is disposed off, parents will not be able to Sell /Gift /Transfer /Donate /whatever .... to ANYBODY.
Firstly send them a legal notice for recovery of amount paid by you to your father and to the bank (principal + interest) towards loan for construction of the shops and restraining them to sell the shops to anyone till payment of your dues.
If you take action, there will be reaction. Sort out the issue mutually alternatively file a suit for recovery and interim injunction (stay) restraining to sell the said shops till the recovery of your dues.
Hope this would resolve the issue.
Is you father alive ? If not than you have equal share in property, can obtain stay easily.
Otherwise, your mother is sole owner, all you can do is to file suit in court on injunction of sale and recovery of amount first or after sale, your amount shall pay first.
- Since, the said shops were purchased in the name of your mother , after selling the ancestral property , then legally you have right to claim over the property .
- Further , as you have contributed the amount , then your mother cannot sell the property without getting your consent .
- You should issue a legal notice and ask for your share in the property.
- If refused , then file Suit for Partition and Injunction before the court , for getting your share and restrained her from selling the property .
Dear Sir,
You are suggested to file the injunction suit against the mother restraining her from selling those properties.
If the property is self acquired Or inherited by your father or mother then you can not claim your share during his/her life time, it does not matter that some construction is made from your money.
Yes you can.
Yes you can file suit to claim share in property purchased by your father for which loan was taken on your name and you are paying EMIs from your funds.
Yes, you can show EMI details and stop her from selling the property. You can take all your money paid by you.
