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Manjesh Poojary (Service)     11 November 2009

Property rights

My father  has an self acquired property which he purchased long back & I have constructed house borrowing loan from bank as a coapplicant for the loan. In bank land documents are given a surety. Still housing loan balance is left in bank. At present my father is not willing to transfer land documents in my name. He is willing to transfer it to my only elder sister. As I had spend nearly 10 lacs on house (including  bank loan). Please suggest me how I can go further ? whether I can get land registration in my name or I can get the money whichever I spent on construction of house ?



Learning

 3 Replies

Meenakshi (Lawyer)     11 November 2009

 Nope its on your Father to decide that...There is no legal remedy for that..Unless u were legally promised by your father to transfer the land in your name.Have you spoken to ur father about it...May be he wants to secure his daughter...You need to discuss this with your father...Its a family matter...Don`t drag this to court...

Siddharth Chitturi (Advocate)     11 November 2009

firstly, as you have secured a bank loan on the mortagage of the property, the bank loan must have been issued on your fathers name. secondly, as you are the co-applicant there is no risk for the loan no individual legal action can be taken against you solely.as you have said that your father is not willing to transfer the property on your name and intends to the same onlt on your elder sisters name, morally there is nothing you can to but legally you are entitled to have a share on the property as per inheritence only. seeking to recover the amount spent on the construction of the house is legal action that you will have initiate agianst your father....which is not advisible. so therefore the best remedy that lies with you is that "YOU MUST SIT AND TALK IT OUT"

Suchitra. S (Advocate)     11 November 2009

Siddharth Sir, I think the son  doesnt have a legal right over his father's self earned property.  Now it is a family matter that has to be sorted out by him and his father as Meenakshi mam has advised. Father is having right to dispose the property as he wishes.


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