Who will have more say on issues related to the property?
TARUN KUMAR SARKAR
(Querist) 25 August 2012
This query is : Resolved
Friends, I need your help badly. My sister(sis) & brother-in-law (b-i-l)are buying a property in joint names. Both are employed. 85% of the amount will be taken as loan from the bank by my b-i-l while my sis will make the down payment of balance 15% and will also bear the registration amount, interior work expenses and full household expenditure. Who will have more say on issues related to the property like re-selling it, who can stay their other than the couple, etc.? My b-i-l, since he has solid proof that he is spending more money or both of them will have equal rights since it is in joint names? Moreover, my b-i-l wants to bring his parents to stay with them, if necessary, forcibly, while my sis is against it. How can this situation be avoided? Please suggest me a good solution.
Anirudh
(Expert) 25 August 2012
Your sister or your brother-in-law are not buying 85%:15% of kitchen, bedroom, living room, pooja room, toilet; 85:15% of doors, floors, roofs, walls, windows etc.
It is the house (at best matrimonial house) that they jointly buy.
If either of them take a very tough position (that so and so should not come and stay etc.) I think they are not trying to get a peaceful house but want a tumultuous life just because they buy a property in a joint name.
People should realise that we will also become old someday and we also may need to be taken care of in our old age.
There is no law which says that one who contributes more will get a say, or one who contributes less will not have a say. Ultimately, if both of them do not agree for a particular issue, and adopt a very rigid stand, then there will be no peace and happiness in the family, but there will be continuous and unmitigated rupture.
NO BODY ON EARTH CAN OFFER ANY GOOD SOLUTION TO THE PROBLEM POSED BY YOU, EXCEPT THE SANE AND SENSIBLE MIND AND MENTALITY OF BOTH THE HUSBAND AND WIFE INVOLVED IN THE MATTER.
TARUN KUMAR SARKAR
(Querist) 25 August 2012
Dear Mr. Anirudh,
Thanks for sparing time for me. I fully agree with your view points. But the actual scenario is somewhat forcing my sister to think that way. Not only she, even my b-i-l also accepts from his past experience that his parents' presence will not make their life peaceful. At the same time, he is their son and wants to take a chance but my sister is not ready to take the risk of spoiling their happily married life. Mr. Anirudh, you are an intelligent person and you will also agree that unfortunately, there are people who don't mind destroying the peaceful relations of others. It is the same case here. I'm really sorry to take so much of your time in explaining all these. I have the answer for my query.
Thanks again,
Tarun K S
Devajyoti Barman
(Expert) 26 August 2012
Unless otherwise written in the sale deed the all the name holders of the parties are treated to be equal share holder in a property irrespective of contribution in the consideration amount.
If your b-i-l wish to bring his parents then it is a very good job and neither your sister nor you should have any objection it it.
Taking care if parents in their old age is the least thing which one child can do to make a small contribution to pay off the debt towards his parents.
Remember no child can pay off the debt due to his parents.
Do not stand in the way to the good job to be done by your b-i-l.
TARUN KUMAR SARKAR
(Querist) 26 August 2012
Thanks for the legal suggestion. Regarding other matters, please go through my letter to Mr. Anirudh.
