Your father can request builder to execute sale deed only in your name as full payment t made by you
he can execute affidavit to that effect
if he refuses then on taking possession of flat your father can execute gift deed in your name
Under-construction property owned on Father's name
I have applied and got allocated an under-construction flat on my father's name. I have paid/ paying each and every payments to builders on my own. I have a homeloan on this flat as I am primary Applicant and my father is co-applicant. It will take 5-7 years to get fully constructed and post one years of Registration, it can only be transferred to other's name or to me. We are 3 siblings and not having good relations with them. To avoid future ownership dispute(in case of any mishappening), What can be solution to protect my rights on property.Please suggest.
Asked 10 months ago in Property Law
Religion: Hindu
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11 Answers
- You are primary applicant and father is co-applicant.
- You applied and got under construction father ’s name.
- You are paying every payment to builder.
All the above establish your exclusive title over the property. You family member have no legal right to claim share. Get the property transferred at the first opportunity. Keep records of all payments.
Father can execute WILL in respect of flat in your favour. Get the WILL registered also. Father can also make gift of the flat to you, however, stamp duty shall be payable on gift. Mere execution of gift deed is not a valid gift unless few formalities and ritual are not performed.
It is not clear whether your father is shown as full owner or co sharer of this flat or not.
In either case on his death his share would be devolved upon all his legal heirs in equal share.
Therefore, to avoid this eventuality you can get a gift deed executed by your father or a Will in your name.
To protect your rights over the under-construction property in your father's name, consider these solutions:
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Gift Deed (Best Option) – Your father can execute a registered gift deed in your favor, ensuring the property is legally yours. This is the most secure and legally binding method.
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Will in Your Favor – Your father can make a registered Will stating that the property should be inherited by you. While a Will can be contested, it provides legal backing to your claim.
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Affidavit & Agreement – Your father can execute an affidavit and agreement stating that you have paid for the property and are its beneficial owner. Though not as strong as a gift deed, it can support your claim.
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Family Settlement Deed – If feasible, a registered family settlement deed can be created where other siblings relinquish their rights.
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Nomination (If Society Permits) – Some housing societies allow nomination, making succession easier.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Sir,
In order to avoid any futyer complications, you may apply to the concerned paper wherein father can transfer the said property on your name. Also, remove the name of father from the said loan. If you are not doing this, get a WILL in respect of the concerned property from the father clearly mentioning therein that the price of the property is paid by you and the properrty actually belongs to you.
It is an under construction property and I presume that there's a sale agreement entered with your father.
The sale agreement is not a title document.
At the time of registration of sale deed your father can give an intimation, preferably along with an affidavit, requesting the builder to execute the sale deed directly to your name and he should mention in his request letter that you only paid or funded fully for the purchase of this property hence legally you will be the actual owner of the property hence the property sale deed should be registered in your favour alone.
This request letter along with an affidavit confirming the intention to get the property registered on your name will be more than enough to handle any dispute that you anticipate in future.
Besides the general clause in a sale agreement is that the sale deed can be registered on the name of the agreement holder or any person he may authorise.
Therefore there's no legal infirmity if your father is following this simple steps instead of getting confused over various cumbersome options.
you can have a gift deed executed in your favour by your father
additionally take an affidavit from your father recording the factum of he having willingly gifted his half undivided share in the under construction property
you can inform your banker from which you have taken a loan about the above gift and have the loan account transferred to your sole name. However the bank may create issues for the same since it would want both the co-applicants to be jointly and severally liable for the loan repayment in case of any default. so you will have to first talk to your bank and explain the situation requiring you to have the above arrangement
- If the said flat is registered in the joint name of you and father , then in the event of demise of your father , his 50% share can be claimed by your siblings
- However, as you are paying the fund /emi of the said flat then you can be considered as the single owner in that eventuality , after filing a declaration suit before the Court.
- Your father can write a Will in your name for making you the single owner of the property ..
- Further, if there is not sale deed then the builder can registered the flat in your single name.
Since the flat is registered in your father’s name, even though you are making all payments, it legally belongs to him. Given that you have strained relations with your siblings, here are some legal measures to secure your ownership rights and prevent future disputes:
1. Gift Deed (Best Option)
Your father can execute a registered Gift Deed in your favour during his lifetime, transferring the property to you. Since it is a voluntary and irrevocable transfer, your siblings cannot challenge it later. However, stamp duty and registration charges will apply (varies by state).
2. Will (Less Secure Than Gift Deed)
Your father can write a Will stating that this property should be transferred to you after his death. A Will can be challenged, but if properly drafted, registered, and notarised, it holds strong legal standing.
3. Release Deed (After Registration)
Once the property is registered in your father’s name, he can execute a Release Deed, relinquishing his rights in your favour. This works best if the property is already in joint ownership (which it currently is not).
4. Power of Attorney (Temporary Control)
Your father can give you a Registered Power of Attorney (POA) to manage, sell, or transfer the property in the future. However, POA becomes void upon his death and does not guarantee ownership.
5. Affidavit & Declaration
Your father can execute a legally notarised affidavit stating that you are the sole financer of the property and that it should not be claimed by anyone else. While this does not transfer ownership, it adds documentary proof of your financial contributions.
Recommendation:
The Gift Deed is the strongest option to secure your ownership legally. If your father is hesitant about an immediate transfer, a registered Will is the next best alternative. Let me know if you need a draft for any of these legal documents.
It’s better your father executed registered will in your favour or gift deed in your favour
