• Property on father name and loan paid by me

There is one flat taken from the builder on construction link plan. It is on my father’s name. He has taken the loan from the India Bulls with me as a primary applicant because he is retire person and my mother as co-applicant. Now my father and mother is Co-applicant and myself as a primary applicant on loan as I am the only person with salary. My two sister which is married and I am the only son. Bank has taken NOC from my both sister on Loan taken on father’s property. 
Now I am having difficult relationship with my father, mother and sisters. They are now no more interested in given any property or anything for which I am lawful eligible. They do not want any relationship with me either. 
All instalment on Loan is payable by me only. They even do not want to give this flat to me and even want to sell the same ASAP. As flat is in his name, so I am not lawful eligible to get any amount or at least amount paid by me on it as flat is totally on the name of my father.   
I am afraid that even my father and mother has made a WILL by eliminating me on any property they have. They are not ready to make me the joint holder on flat and take the benefit of the Tax redemption.
Question: - What are option available to me to gain at least the amount paid by me either on LOAN and direct to builder. 
Question: - How can I become the part of the property or joint holder of the property. 
Question: - how can I take the benefit to use this property for leaving. 
Question: Do I need to stop the instalment of bank and lets them fortified the flat and sell then in auction.  



Please suggest.
Asked 12 months ago in Property Law from Delhi, Delhi
Religion: Hindu
flat is in your father name only 

2) your father is at liberty to dispose the property 

3) you can file declaratory suit that you are the owner of flat as loan amount has been paid by you 

4) seek injunction restraining father from selling the flat 

5) dont stop paying loan installment . it would affect your credit rating and flat would be auctioned for repayment of bank loan 
Ajay Sethi
Advocate, Mumbai
36451 Answers
2024 Consultations

5.0 on 5.0

already replied to your query . file declaratory suit 
Ajay Sethi
Advocate, Mumbai
36451 Answers
2024 Consultations

5.0 on 5.0

Dear Querist
My opinion on your queries are as under:

Question: - What are option available to me to gain at least the amount paid by me either on LOAN and direct to builder. 

Opinion: issue a legal notice to your father and claim your money back if he is not ready to settle the matter with you within notice period then you can claim your money after filing civil suit for recovery against your father.

Question: - How can I become the part of the property or joint holder of the property. 
Opinion: without your father's consent you can not become the part of that property.

Question: - how can I take the benefit to use this property for leaving. 
Opinion: as above.

Question: Do I need to stop the instalment of bank and lets them fortified the flat and sell then in auction.  
Opinion: it will be better to get your money from your father, 

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4346 Answers
193 Consultations

4.9 on 5.0

Question: - What are option available to me to gain at least the amount paid by me either on LOAN and direct to builder. 

You can send a demand notice to your father demanding the loan amount repaid by you in respect of this property and then file a recovery suit based on the evidences you hav for having repaid the loan so far and in the same suit you can seek for Attachment before judgment of the property toweards security for the money due o you from them. 






Question: - How can I become the part of the property or joint holder of the property. 

You cannot become a joint owner of the property by any means except if they transfer a portion of property on your name by a registered deed/document.





Question: - how can I take the benefit to use this property for leaving. 

By acquiring it through legal process on the basis of loan amount settled by you. 





Question: Do I need to stop the instalment of bank and lets them fortified the flat and sell then in auction. 

You may decide about it after fully understanding the consequences by your such act.  
T Kalaiselvan
Advocate, Vellore
26407 Answers
268 Consultations

5.0 on 5.0

When should i get the answer of the question asked.

Lo you have got the answers immediately. 
T Kalaiselvan
Advocate, Vellore
26407 Answers
268 Consultations

5.0 on 5.0

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