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Divya (nil)     02 December 2011

Self acquired property

My father has purchased 2 flats in 2004. He had put his own earned income inopurchase & also had obtained home loans where he is the principal borrower.

There were other co-borrowers who were put in for sake of formality as requested by bank. These co-borrowers are also co-owners whoi have not contributed a single rupee in purchase of Flats

All EMI's society charges till date have been paid by my father only.

The issue is : Can my father claim that this is self-acquired property.......



Learning

 6 Replies

Bharatkumar (ADVOCATE )     02 December 2011

As per Trasfer of Property act both are owner of property but u can file a civil suit for that but it's very difficult. Who is the co-owner and what's the problem?  

Rajesh Hazra (Mediator and Legal Counsel )     02 December 2011

Whose name is mentioned at the SALE DEED which is registered. If the DEED contains only your father's name then you can say that it is a self acquired property.

Regards

Ram Sagare (Sr. Manager Quality Assurance)     02 December 2011

 I am Dependantly living out of parents home Since 15 Years, I have one brother who is doing farming. In Year 2005 I have purchased 1Hector land in the home town on my own name and asked brother to do the farming in goodwheel.

He have not contributed single peny during purchase and till he have not given me any income  incured from my property. As on today When I asked to return my farm in my control, he is claiming his share in the present property. his claim is that, becuase we are not formarly seperated form the family & you should contribute for devidation of own incomed property also.

however he is not contributed in any my own incomed property, even he is not taking care of my parents & Sisters.

how I should go ahead for further action in this regard. Pl. suggest.

B/R

RTS

Advocate Vishnu (Advocate)     02 December 2011

Dear Ram sagare,

Since you have paid the entire sale consideration on the property by your self , you are entitled to your property. If he disputes, then all you have to show is proof that the property was bought from your savings and this will solve the problem, even if he challenges in court. You cannot dispossess him, however you may seek an eviction from court and the court may issue an eviction order . Mediation is the best recourse in your case, but if it is not possible you will have to approach the courts to seek relief.

Ram Sagare (Sr. Manager Quality Assurance)     03 December 2011

Dear Vish,

Thank you very much for your reply. I have all proof , i ahve purchased my property through my bank saving account only, I have complte documentaion of IT return;  also socially knows to nearest personnel about my income & property purchase. My parents also have no objection.

None of his business involved in my earnings. Mediation is not accepting, only sicking his fevourable people for mediation.

Now how i should proceed further.

Best regards,

Ram Sagare

Advocate Vishnu (Advocate)     03 December 2011

Dear Ram Sagare,

As you have purchased the property in your name, your ownership title on the property is absolute. If you take possession and start farming there, the land is all yours . If your parents and sisters also move in there, it will be even better and your brother may leave the place. You may even go for a suit for eviction after you take possession of the property as you have mentioned he started farming there only from 2005.


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