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Samad Khan (TSM)     13 November 2009

What are my legal rights?

We are a Muslim family of 5 people - Mother, Father, 1 Brother, 1 Sister and Myself. My Sister and I are married whereas my brother is still a bachelor.

My father was in government service and we stayed in government quarters unti he retired in 2004. His post retirement, we bought an apartment in Mumbai. The apartment costed us 18 lakhs, for which my father paid 12 Lakhs and I took a housing loan of 6 Lakhs. The property is in the name of me and my father.

Since 2004, I am paying EMI to the back, but thers is slight catch. Since my father was banking with the branch for several years, Branch manager insisted that instead of creating a new bank account for repaying EMI, he asked us to use my father's account for EMI repayment. Since then, I am transferring funds to my Father's bank account and EMI is being paid from his account.

Now, I wanted to know - what are my legal rights. Since the EMI is being paid from my father's account do I still have rights on the property. 2) Can I or my Father sell this property without each other consent. 3) What are my brother's rights?

As I understand, Since the property is in the name of me and my father, we both hold 50% share each. plus, I have 50% rights on my father share as well. - is my understanding correct.

If my father wants to sell his share of the property, so what are the options available legally.

Appreciate your quick reply on this.

Thanks 



Learning

 2 Replies

Dirgesh kumar sharma (Advocate)     14 November 2009

Hi samad,

Yes, your understandin is correct.

Yes, you and your father can sell this property without any other consent.

at present nothing any rights your brothers in this property.

yes,  your father can sell his share of the property but your consent is nessesary or you and your father in beetween partition deed excuted then sell sepret share of the property without any consent.

 

M Trivedi (VP -HR)     15 November 2009

Dear Friends,

I need your legal opinion on the following 2 aspects -

1)I have a room on pagadi system of 80 sq ft. How much area will I be entitled to if the property is redeveloped ?

2) In addition to the 80 sq ft., I have been using a common passage + verandah of 100 sq.ft for the past 15 yrs exclusively. How much of the same is my right while the property is being redeveloped.

3) On what does the Construction cost needs to be paid to builder on redevelopment of property?

Kindly guide me on these aspects .Thanks in advance

Mrs.M.Trivedi

 


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