Joint ownership of flat. rights on property
Manoj Sonawane
(Querist) 09 August 2012
This query is : Resolved
Greetings,
about 10 years ago I took an home loan with my father as co applicant to purchase a flat in Mumbai. flats registration was done being my name first and second name of father. I have paid all the home loans myself
my family ( father mother brother ) has been staying in that home since while i was working out of mumbai. and they have paid all society / electricity / telephone charges from there own accounts part of money 50 % may have come from me without any documents
My father has passed away not naming anyone in his will. Now my brother and mother are claiming rights to property.
My questions will be:
Will I be 100% of owner of property ?
If not what will be % of my ownership in property? how will it be divided ? ( between mother , 1 brother , 1 married sister and I )
what are legal precautions i should take to safeguard rights of mine and that of my wife & son
Chanchal Nag Chowdhury
(Expert) 09 August 2012
Yes.U can be 100% owner provided U can prove that 100% payment have been made by U & your father was only a benamdar.
Make sure that the tax receipts etc.pertaining to the Flat are in your name.
Manoj Sonawane
(Querist) 09 August 2012
thanks for your reply sir,
i see a problem that i do not have any documents (tax receipts etc)
i have paid 100% home loan and can prove it but initial 20% payment came from fathers account and I paid cash to him
Raj Kumar Makkad
(Expert) 10 August 2012
If we club all facts at one place then it can safely be said that you were owner of 1/2 share and rest of 1/2 share was owned by your father. After his expiry his 1/2 share shall devolve equally among your mother, brother, married sister and you. In this way you have become owner of 62.5%, your mother, brother and sister to the extent of 12.5% each.
