• Bought property on my mothers name now, family dispute

I bought a 200m plot in 2010. As mostly live outside India my father had registered that plot on my mother's name (with my knowledge) as he advised this will save bit of stamp duty too. I paid full amount of that property from my account. My father was happy and felt great as it was my first investment. I can provide bank statement and bank draft number etc if required. My father also handed over all registry related documents for property to me when i went to India next year. Last year my father died in fatal road accident. And now there is family dispute. Seems my mother and younger brother wants to occupy that land. I am scared of loosing all my hard earned money had put in to buy that plot. Please help and provide guidance how to obtain/prove ownership and sell that property in future.
Asked 3 years ago in Property Law from United Kingdom
Religion: Hindu
1) as on date your mother is absolute owner of said plot as it has been bought in her name 

2) however since original documents ate in your possession your mother would not be able to sell the said plot 

3) you can post security guards in said plot if you so desire
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

1. The ownership to a property vests in the person in whose favour it has been registered regardless of whether he paid the sale consideration or not.

2. To impeach her ownership and seek a judicial declaration of your own you are required to file a lawsuit in the court to seek court's declaration that you are the owner of the property. The documentary proof of remittance of funds by you can be used in the court.

3. Your mother can, however, take the defence that you intended to register the property in her favour. 

4. Do seek a stay order against the sale of property by your mother.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. Sorry brother, you are not an exclusive owner of the property.
2. Though you bought this property from your money , the name in whose favour the property is standing would be considered as exclusive owner of the property.
3. Unless you get a decree of declaration that the property actually is owned by you, you can not stop your mother from meddling with this property.
Devajyoti Barman
Advocate, Kolkata
13155 Answers
175 Consultations

5.0 on 5.0

Hi, you have to file a suit for deceleration that your mother has no independent income to purchase the property  and pray the court to declare that you are the absolute owner of the property.

2. It is my opinion better you must convince your mother and tried to obtain gift deed from your mother this is easier option for you. 
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

The law is any property acquired by a married women either by purchase or inheritance or gift or by streedhan from her parents, shall become her absolute and own property. 
Your father's intention might have been good but your mother is believed to act on the ill advice of your brother.  Though you may have all the records for the fund transaction towards the purchase of the property, it may not fetch you the desire result even after a very hard fought prolonged legal battle, therefore if you find any opportunity for an amicable settlement, you may grab the opportunity, settle the issues and get everything set legally and then sigh a relief.
T Kalaiselvan
Advocate, Vellore
36975 Answers
403 Consultations

5.0 on 5.0

1. As per law, your mother is the absolute owner of the said propertywherein you claim to have invested your hard earned money,

2. You shall have to file a declaratory suit before the Court praying for declaration that you are the owner of the said plot since you have paid the entire consideration for buying it,

3. In the said application, you should also pray for a direction upon the Registrar to include your name as the buyer in place of your mother in the register.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

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