About the suit
Adv M.D.Azhar
(Querist) 28 September 2014
This query is : Resolved
Sir, A and B were brothers. both purchased a house in which they have equal rights. Both invested money in it. But property was purchased on the name of B. there is no clause in sale deed that, both have paid the consideration. Now the problem is that B has died and her wife want to sold out the said property. She has also a minor child. So now A want to file a suit before the court that She will not transfer the said property to anyone but the problem is that weather A has locus to file the suit? Please guide me
ajay sethi
(Expert) 29 September 2014
B is absolute owner of house . on his demise his wife and minor child would be legal heirs . A has uphill task ahead to claim any share in the property . there is no clause in sale deed that 50% consideration has been paid by A nor his the name of A reflected in sale deed
P. Venu
(Expert) 29 September 2014
Is there evidence that both A & B had invested money eqaully?
Rajendra K Goyal
(Expert) 29 September 2014
B was owner of property and after his death his widow and minor son would get the property. It would be difficult for a to succeed in his claim.
malipeddi jaggarao
(Expert) 30 September 2014
Yes, it is a big task for A to claim the 50% share in the property. Sale deed was in the name of B and there is no recital about the sharing of sale consideration by A. However, if he can has any documentary evidence that he has paid the sale consideration, then he can make an attempt.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
Since B was the absolute owner of the property prior to his death, his intestate property will devolve only upon his legal heirs consisting his wife and children and mother (if alive), hence A' claim in the property will not sustain in court.
H.M.Patnaik
(Expert) 11 April 2016
Nothing more to add.
