• Question on joint property division

Dear Sir/Madam, 

My father had independently purchased 3 properties, 2 residential plots and One house in which we used to stay.  My father expired in 2005, post which we sold the residential house and the Money was transferred to my mothers account, Few months later My Mother & myself (son) together purchased a house (my Mother brought 60% of investment from the old house sold) And i brought in 40% of investment through a Bank loan and we continue to have the other two residential plots in Bangalore. 

We are three siblings two sisters (both are elders to me) and myself one Son.Over the last few months the sisters were squabbling for property rights. When I put forward the suggestion that let it divide equally but my investment of 40% during the purchase of second house should be kept aside from division dispute rose and the sisters claim that even my own investment via a bank loan will be divided in to three parts. 

PS : the new house purchased is registered in my Mother's name & I am the 100% co-obligant of this loan. The other two plots are still in my Father's name

I am somehow not in agreement to this , because the 40% investment was done purely on my abilities to take loan and pay  EMI. 

Can you please guide us on the above situation on how this property will/ can be distributed
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, When the property was registered in the name of your mother then you are not a owner of the property though you have invested 40% share in the property.

2. So if you want to become owner of the property your mother has gift the 50% share to you then only, you will become the owner of the property.

3. Other remaining property all the 4(including mother) has  equal right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you are absolutely correct that your investment via bank loan in purchase of property should not be divided 

2) only 60 per cent investment bought by your mother would be divided 

3) on your father demise you have one fourth share in father properties . In respect of other 2 properties standing in deceased father name each legal heir can claim their one fourth share 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Hi 
All of the father's remaining property will be divided amongst your mother, 2 sisters and yourself in equal shares.
With reference to the house in the name of your mother and you, it will not be a subject to partition at all in any manner. Though the nucleus has come from your father's property, once the property  is sold and subsequently invested in your mother's name it is her absolute property. Even as far as you are concerned, you are a co-applicant as far as the bank loan is concerned. but you will not become the owner of the property in the name of your mother, unless she gifts it to you by registered gift deed. Or in the event of untimely demise of your mother, you will become a 40% owner of the property by default as you have invested 40% of the money in the property(whether it is by loan or cash down payment it is immaterial).

So answering in short: property in name of mother cannot be subject to partition or distribution without her own will. 
rest of properties all of you (mother, 2 sisters and you are eligible)
sorry. my answer might have shocked you(w.r.t your 40% investment). But that is law and it is hard sir. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
On the demise of father his self acquired properties devolved through succession equally on his widow and children. Your sisters can claim their share in the sale proceeds of the residential house which has been sold post your father's demise. However, no share can be claimed by them in the home loan that was sanctioned in your favour 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You can challenge the will on the ground that your mother could not make a will in disregard of succession through which the properties had devolved on legal heirs.

2. Without the permission of bank you cannot withdraw yourself from the liability of loan.

3. When it comes to succession to a property the law pays no need to the role played by a son/daughter to secure and promote the welfare of family. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) if will is executed by your mother of her own free will and it is attested by 2 witnesses and reasons are mentioned by mother to bequeath property to daughters only it would be difficult to challenge will 

2) better option would be to sell the house standing in joint names pay off bank loan and divide sale proceeds in proportionate to investments made 

3) you have as son done your duty towards your family . Your family should be considerate towards sacrifice made by you but you can't force them to bequeath their share in property to you 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Hi
please find my response:
1)A WILL can be challenged on grounds of undue influence and/ or coercion. However to challenge the WILL on these grounds need substantial evidence to prove the same. Mere hearsay or suspicion will not be enough. 
2)your co obligation status is your protection/insurance given the assumption that mother may be inclined to daughters. Your co-obligation status will help you to recover your 40% investment plus interest and if given a 1% chance might also result in the property vesting in you after your mothers life time ( as a co-obligator, as a co possesor of property and as a son).  A debt is powerful than a right in succession laws. So would advise you to retain the debt in your name. 
3)yes. You are entitled to get every penny  you spent on medical and marriage from your family property. But you need to ask NOW. You should convene a family meeting NOW and provide details of all monies spent. This way the family members are not assuming things and individual contributions are clear. Your  relations might call you selfish, blah, blah.....but remember others are also equally selfish, blah, blah...
it is always better to do succession planning  for properties when your mother is alive as she is the living testimony of travails that you have gone through . It is my suggestion to talk all of these NOw rather than wait for an event to unfold in a total shock latter.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1. You  can challenge the WILL by producing the authenticated records of your investment in buying the referred property and your status as a co-obligant.
2. You can withdraw from the status of a co-obligant, but this action of yours may cause more harm than good. Instead of that it would be prudent to convince your mother and sisters of your investment on the property and also your efforts in getting your sisters married, taking care of the family for many years as well as meeting the medical expenses single handedly.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
PS : the new house purchased is registered in my Mother's name & I am the 100% co-obligant of this loan. The other two plots are still in my Father's name
I am somehow not in agreement to this , because the 40% investment was done purely on my abilities to take loan and pay  EMI. 
Can you please guide us on the above situation on how this property will/ can be distributed
Basically these properties were purchased by your father and upon his intestate death, entire properties devolves equally on all his legal heirs i.e., your mother, yourself and your sisters. 
 Therefore all are entitled to 1/4th share in the properties.  
When one house sold why a share out of it was not given to your sisters? 
 If your mother had invested 60% then what about the balance amount?
If this money belonged to all the four, how and why this was registered on your mother's name alone?
What was your interest to invest 40% by taking loan?
Whether your loan amount was for construction or purchase itself?
You could have asked your sisters and mother to repay your loan amount excluding your share in it, if they do not agree, ask them to approach court of law to decide accordingly in this regard by filing a suit.


T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) Even if my mother writes a will and signs off the residential house worth 2 Crores to Daughters ( which is more likely the case here) Will i be able to challenge the will ? 
Your mother is not the absolute owner of the entire properties, she can bequeath only her share of properties to anyone of her choice, you can very well challenge the same because you have a legitimate rights and share  in that property.



2) Is there a way I can pull back/ withdraw my Co-Obligation status from the bank loan (Because the bank loan is still on my name) , I have tried to convince my mother on the basis ( if I am not allowed to stay in the house, then let the daughters take the loan in their name) but no results , She continues to be pro daughter oriented person :  
You cannot withdraw from the bank after availing loan on your name.  If you dont pay the loan amount then becoming default in repayment, the bank may initiate recovery action legally including seizing the property through sarfesi act. 




3) Are there no benefits given to Son, In cases where Son has taken care of the family after Father's death, got the sisters married taken care of mother ( in terms of all marriage related expenses & medical expenses) 
Basically today I stand penniless all my income was shoved in to this home loan, Mom's medical expenses, sister's wedding  running the house for last 10 years etc ( sorry I am opening up a lot pf personal things, but I  think when the Son has duly done all his duties, Shouldn't law be considering all these ?)
Law is equal and common for every one.  There is no question of binding the same for some sentimental reasons.  If you had spent for your sisters marriage, that was your duty to do it  and nobody forced you to do the same.  It is for the sisters to be loyal and faithful for your deeds, but when they dont realise this, you cannot claim them legally nor the law will support your case to show mercy on you on this ground. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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