Ancestral property
Vijay
(Querist) 25 May 2012
This query is : Resolved
Thanks Mr. Raj Kumar Makkad, Mr. Bharat Chugh and Mr. Nadeem Qureshi for your valuable legal views. Kindly help me understand my legal position on my query.
My father got a house from my grandfather. A part of the house was taken over by the Government for road widening. I have taken a HOUSING LOAN from Bank. My brother and my father has signed a co-borrower. I have repaid the whole of the HOUSING LOAN along with Interest from my earning. I have all documentary evidences related to this. I have a younger brother aged 34 years and two married sisters. The house is in the name of my father. Can i seek repayment of the money invested by me along with interest from my father and brother from:
1. Sale Proceeds from the sale of house
2. Part of the house to be transferred in my name against the investment and interest.
Rest of the Sale Proceeds (Total Sale Price Less: Return of my investment+interest) will be shared by the 5 members (Father, Self, Brother and 2 sisters)OR
Rest of the house will be shared by the 5 members (Father, Self, Brother and 2 sisters).
Regards,
adv. rajeev ( rajoo )
(Expert) 25 May 2012
Any how you have invested the money in the house. You go for partition and seperate possession seeking your share in the property.
Adv.R.P.Chugh
(Expert) 25 May 2012
The issue is far more complex than you think it is Mr.Vijay.
I have the following to opine, other experts would bear me out if I am wrong :-
Normal rule is a person in whose name property is held is the Absolute Owner - no matter who gave the consideration. A transaction in which one pays the consideration but property is held in another's name - it is called 'benami'. The 1988 Act prohibits a person from laying claim to a property on ground of having given funds to it. Section 45 Transfer of Property Act, governs cases where some people pool in funds for a property - they are owners to the extent, in proportion of consideration advanced by them. For eg : You contributed 80 % to X property. You are owner of 80% of the property. However since this provision makes serious inroads into the BENAMI prohibition that I talked about, it gives way to BENAMI and property is normally irrecoverable. However there is a rider to it - property when held by one of the coparcenor exclusively - it can claimed by virtue of an exception that says that coparcenor holds the property for the benefit of the jt.family - now if you bring the case into this exception - then the property would be impressed with character of Jt.Family property - and all coparcenors + mother would have equal stake at the time of partition.
Nadeem Qureshi
(Expert) 25 May 2012
I agree with Mr. Rajoo
Dear Vijay
you can only claim your share in this property due to your payment, your father is the absolute owner of the property.
Feel Free to call
Shonee Kapoor
(Expert) 29 May 2012
I endorse the views of Ld. Rajoo.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
