• Legal rights of owner of a property based on registered sale deed

My mother is the owner of a property and she had allowed her sister in law to stay in the property as caretakers 25 years ago. Now we have ongoing civil suit regarding the same and have asked them to vacate our house in civil suit. 
Registered Sale Deed, Fard, Municipal Corporation Records and Property Tax receipts all in my mothers name for the property involved. 
Now the second party states that they had given some amount of money while the property was purchased. First of all this is their false claim. Still to be double sure I want to know the legality in this matter. 

Please let me know if some person had added money in purchasing a property and there is no written agreement between the buyer and that person and also in the sale deed it is registered in my mother name and it is clearly mentioned that all money is provided by mother only. 

Now in our Indian Judicial System and Property Law can a person claim that he is the owner of that property on the basis of amount added by them. Even if someone proves by some document that they had added funds while purchase of the property, than do they have any rights of ownership even if there is no mention of their name in Registered Sale Deed.

There is no written agreement between the current owner and the party claiming of adding money. Also there is no written agreement between the previous owner from whom my mother purchased the property and the person claiming of adding money during the purchase of this property. 

Please elaborate on this matter as its a critical question regarding the ownership of my mother in this property.
Asked 3 years ago in Property Law
Religion: Sikh

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13 Answers

Your mother is absolute owner of property 

 

2) as mentioned in sale deed full consideration was paid by her 

 

3) if sister in law fails to vacate inspite of legal notice she is trespasser

 

4) your mother has to file suit for eviction against her 

 

5) burden of proof is upon defendant that she has paid part sale consideration for purchase of property 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear ma'am/sir,

 

As per law, a buyer can be declared legally as owner of property only when a registered sale deed is executed between the buyer and seller and the amount of consideration is mentioned in that dee. Mere payment of money or contribution to money itself does not make one the legal owner of a property. As you have said that your mother had executed deed and also paid consideration as per the document in her name alone, no third party can claim possession of it. 

In case the sister-in law is not vacating the property, you can send legal notice. And non adherence to that shall lead to filing suit of eviction in court. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. It's the name which has been registered as buyer in the sale deed who will only be considered as the real owner of the property.

2.  Even if the tenant claims that she had aided your mother by providing funds to enable your mother to buy the property,  has to prove beyond doubt the same on record, like Bank transfers, cheque, DD, etc.

3. Even if it's proven that someone has aided your mother by adding some money to enable your mother to purchase the property, since your sister-in-law's name is not shown as buyer/owner of the property, at best it can be treated as loan amount which can be given back to her.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Even if it is granted that sil has contributed certain funds towards sale consideration of property, she is entitled to seek refund within three years of such contribution. No right to claim property or any part of property accrues to her. Here she has no proof and the claimed transaction is at least 25 years old. She cannot seek any intervention from Court. she has no ground to do that in any circumstances.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The burden to prove the financing of funds for purchase of the proeprty will lie on the person making such allegations.

Even though she is able to establish the same, since the proeprty is registered on your mother's name, her sister in law cannot claim any share in the property, if at all she is able to prove before court about her allegations, then the court may direct your mother to repay the said amount with interest from the date of she financing  for the purchase of the property. 

Rest other things are matter of trial, hence you can consult your advocate about the steps to be taken to challenge her claim and other legal issues in respect of this case based on the case pleadings. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Sir/ Ma'am, 

 

AS per your stated facts, if there is no proof whatsoever of jointly paying the amount of consideration while buying the property, then there is no way that their contention would stand as per law. 

 

If the property is outrightly bought by your mother, with her own money and can prove the same, there is no ground of the other parties claim at all. Moreover,  if you have filed an eviction application, then no question regarding the title shall be raised in that. 

if you have filed a Civil suit for declaration and permanent and temporary injunction, then she can raise her arguments, although it won't stand good in law if not backed by any proof. 

 

Abhishek Sharma, Advocate

Punjab and Haryana High Court

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

- As per law, if the sale deed is in the name of your mother , then on the ground of contribution of fund her sister cannot declare owner or joint owner of the said property 

- Further, your mother can evict her sister after filing a suit for Mandatory Injunction , if some part of the property is in use and occupation of your mother. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

You just have to prove that it is  self acquired property of your mother 

 

2) that mother bought property out of her own funds 

 

3) enclose copy of sale deed which prove mother had paid money for purchase of property 

 

4) also mother bank statements to prove transfer of funds to seller 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You should concentrate on your case alone. 

Do not be distracted or agitated over their false claims. 

For wrongful gains,  they may try all their gimmicks. 

You should not be frustrated or annoyed over it because it may dislodge you from the main track. 

You should rely upon the documentary evidences and merits in your side to prosecute or defend your interests in the case. 

You discuss with your advocate at length and work out the strategies to counter their claim appropriately. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

There is no legal basis for what they are claiming in general terms like—she did not get share in some properties—others contributed in purchase of property, court will not take note of such arguments. You have put you case with proper documentary proof, court will dismiss the claim of sil. Court is aware of such tactics and will not be impressed by such.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Sir, 

As you stated that the suit in on evidence stage, you can put forth proofs of your mother's earnings and from where the money came to purchase the property in question. this would suffice in proving its a self acquired property. 

However, the burden of proof is on them to prove that this is an ancestral property. 

Was this property transferred in the name of your mother by your grandfather? or from someone else's name ? If, its from someone else's name to your mothers, then it is enough in itself to prove that its a self acquired property.

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

- As per law, none having right to interfere or claim right on others self acquired property .

- Further , if your mother has got that property from her father etc through a gift deed etc , then also none can claim a right as well. 

- In the absence of details of suit , cannot give a favourable suggestion. 

 

- You can contact me , if further advise needed. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear sir/ma'am,

you can ask the other party to show the evidence where they have contributed to the share of the property. also, you can show the documents where your mother purchased the property. you can prove that in terms of blood relation, and kind intension, your mother asked them to stay at your house to which they are trying to capture because of their evil intention.

you can send them an eviction notice, in case you have not. since it is your mother's self-acquired property, she has the right to choose who will be the nest heir/owner of the property. you can put charges of trespass on them and fraud, the criminal breach of trust, cheating, etc,

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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