My siblings not willing to give my share

ganesh asim (Querist) 14 July 2024 This query is : Resolved
My father bought flat in 2014 which cost him around 8 lakh after retirement. My brother , sister and father applied for loan of Rs. 5 lakh. In meanwhile my sister was paying emi till 2016, then she got married and was paying in laws flat's emi from her salary.. after that as younger brother i was told to pay remaining loan of flat on pretext of that flat would be mine because my brother was also had home laon around 30 lakh as he shifted with his wife to another flat ..My question is now my siblings are denying and accusing me who told you to pay the emi and top of that ,flat is registered in my brother , sister and father's name..I desperately need my hard earned money to purchase my own flat..i am living with my wife in rental house in Mumbai

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T. Kalaiselvan, Advocate (Expert) 14 July 2024
You have paid the EMI without thinking about all such future developments hence you are facing this problem.
However you can issue a legal notice with the details of payment made by you so far and demand repayment of same failing which you can take legal action for recovery.
You cannot claim title to the property.

kavksatyanarayana (Expert) 14 July 2024
As your father and your siblings purchased the plot without you. Hence they are the owners of the property. You can recover the amount for which you paid EMIs.

ganesh asim (Querist) 15 July 2024
I dont have proof of payement...because i used to give Rs 6000 every month in cash to my father(he retired in 2005)and then he used to deposit that money in account of my sister for loan payment. Only my father is witness that i have paid amount to house loan...Can my siblings take advantage of this situation if i ask for recovery of my payment ?

SIVARAMAPRASAD KAPPAGANTU (Expert) 15 July 2024
How is your father? Is he alive?
How many instalments you paid and how you paid ie. With cheque or salary mandate?

ganesh asim (Querist) 15 July 2024
Yes ..he is alive..he is 75 years old.. I paid 72 installments in cash only..no bank transfer at all

SIVARAMAPRASAD KAPPAGANTU (Expert) 15 July 2024
You are in a difficult situation. You are not one of the Co-owners of the flat. There is no proof that you paid the amount as you gave cash to your father, who deposited it in your Sister's account and presumably the amount is paid to the bank from there. With no proof of your making any payment, except your father saying so, how can you claim reimbursement from your siblings? The only alternative is to have a family meeting and get the matter resolved amicably.

You cannot claim title to the property as long as your father is alive.

ganesh asim (Querist) 15 July 2024
Yes I am aware of that i am in miserable situation.. in my case both my father and sister is ready for reimbursement but my brother who is not citizen of India is main obstacle...he is not willing to come to India and my relative says my father is alive and suggest me dont ask share or reimbursement now... Top of that my brother didnt pay any amount towards home loan of that flat..

kavksatyanarayana (Expert) 15 July 2024
File a case to recover your amount as you have evidence of the payments made by you.

ganesh asim (Querist) 15 July 2024
Out of sheer love for my family I was running my house and paying home loan from 2006 to 2014 , as they used to say "Sab kuch tera hi hai, tera hi ghar hai" then i paid everything in cash and now i dont have any proof except my father who knows every transaction I did in cash

Sudhir Kumar, Advocate (Expert) 16 July 2024
the facts narrated by you clearly indicate that the property is not purely ancestral.

In this property your father paid some amount but kept ownership with himself and your siblings . Your siblings have been contributing o the EMIs in good faith.

You have nowhere stated that you have paid in cash and your father deposited it in your sisters account.

Sorry. Many persons do not even know that they have been cheated by parents.

On record :-

(i) you gave nothing.
(ii) your father was supporting his daughter.
(iii) your sister (not you) kept on paying even after marriage and you paid nothing.

It is not clear as to what prevented you to :-

(i) insist giving your cheque to bank.
(ii) insist change of recovery mandate to your account.

Fraud against you has been conducted meticulously by your father.

I am very sure that your father will decline to give an affidavit that you were paying EMIs through sister's account, so that you can use it as evidence if he dies before litigation.

The fact are overlapping.

Suit for partition is the only recourse left to you and you have little hope you can claim 1/3 of 1/3.

Your father’s claim itself appears to be only 1/3 and you can only state 1/3 of this 2/3 of the same to go to your siblings. Which will be about 11%.

Your siblings can divide remaining 89% the way they (or court) decide.

T. Kalaiselvan, Advocate (Expert) 16 July 2024
You have not made any claim either while you were giving cash to your father till 2014 neither you had taken any action for recovery of the money paid by you after you stopped paying any amount.
It is not clear whether you paid this amount for repayment of home loan.
The property is on your father's name hence you cannot claim any share in his property as a right at least not during his lifetime

ganesh asim (Querist) 16 July 2024
In 2006 the concept of net banking was not that much prevalent and there used to be ATM centers in each corner of street was easy for me to withdraw cash and i was young and naive and had immense trust in my family..my friend advised me everything should be on paper but i ignored their advice.. My concern is the person who is my brother never paid single penny for home loan and still he will have 1/3 rd of share of flat and I will be deprived of hard earned money which I invested in my parents flat.. This is really indigestible for me

Sudhir Kumar, Advocate (Expert) 17 July 2024
cheque system had been prevalent since banking started.
you have chosen easy path. your friend gave you advised that you should not be cheated by yourelf. you ignored.

Now you are asking :-
My question is now my siblings are denying and accusing me who told you to pay the emi

YES THEY HAVE ALL THE RIGHT TO DO SO

top of that ,flat is registered in my brother , sister and father's name..

THIS WAS YOUR CHOICE YOU PAID LOAN OF THIS HOUSE WITHOUT ANY SHRED OF PROOF THAT YOU PAID THE LOAN.

I desperately need my hard earned money to purchase my own flat

YOU ARE NOT GETTING. MONEY STANDS DONATED WITHOUT RECEIPT.

You can at the most get 1/3 of your father’s share that too after long litigation and after loosing the relations more precious than that.

SIVARAMAPRASAD KAPPAGANTU (Expert) 17 July 2024
"....You can at the most get 1/3 of your father’s share..."

This is possible only if the father writes a Will specifically mentioning the quriest as the sole beneficiary, and that too after the father passing away. Otherwise, if father passes away intestate, remaining two co-owners also along with the queruest shall be claimants for the property, ie. Queriest may get One third of one third share in the property.

ganesh asim (Querist) 17 July 2024
"....You can at the most get 1/3 of your father’s share..."

What if I asked my father to register gift deed, would it work in my favor?
As you aware from discussion above my brother is the only the person in my family who keeps denying my rights over property...So my question is that whether it is gift deed or will , could my brother challenge gift deed or Will in future on pretext that i took advantage of his old age and manipulated my father to do the gift deed or Will?

Sudhir Kumar, Advocate (Expert) 18 July 2024
You are now clarifying that your father is alive.

Your father can gift / WILL you only his share, which you stated is not more than 1/3. If he really does so your brother's challenge (atleast appearing form given facts) is likely to fail.

It will be miracle if your father agrees in his lifetime.

He will not likely to give even an acknowledgement that you paid EMI through him which he deposited through sister's account. If he was kind enough would not have cheated you.

if he dies without any such writing you are left with 1/3 of 1/3 =1/9 share that too after losing precious relationship.

ganesh asim (Querist) 18 July 2024
My brother is only culprit of my predicament ...As his name is in the property , he is unwilling to sign any deal of equal partition . My father has been trying to convince my brother to give me my share or put my name in property papers. My question Is that is it possible my father give his TOTAL share of property to me through gift deed or Will.. If not possible then what legal course of action can I take against my brother for being adamant for no obvious reason ?
Please note that my brother whose name is on property documents but has not paid single penny for home loan and maintenance of this flat as he was having his own home loan.

SIVARAMAPRASAD KAPPAGANTU (Expert) 18 July 2024
The property in question is an Apartment. Even presuming that your father gives his share away to you by way of a Registered Gift Deed, how shall you enjoy it? If it is rented out, maybe you can claim 1/3 of the rent. If the property is sold, then you get 1/3rd of the consideration.

This query has been dealt with for all probable possibilities and I am afraid, there is no use further prolonging the discussion.

ganesh asim (Querist) 19 July 2024
I desperately need my hard earned money to purchase my own apartment..i am living with my wife in rental house in Mumbai. My query was what should I do to recover my payment from my family . One suggestion from this forum was Will but that would be uncertain and Other was Registered gift deed. If my father do transfer his total share to me through registered gift deed, is it possible to sell that share which transferred to me by my father to some third person willing to buy that share? Otherwise please suggest some for reimbursement from my family.

SIVARAMAPRASAD KAPPAGANTU (Expert) 19 July 2024
There is no legal recourse to you as there is no proof of your paying, unless your father and sister give evidence in your favour. They cannot give evidence against themselves. If case is filed it takes years to come to final stage, if at all you win based on flimsy grounds.

Then selling 1/3rd share. You can't do it, unless your father gives through a registered gift deed. Even then how can you sell to a third party, as its an apartment? Who shall purchase?

Be practical and lead on your life. The only alternative is through family meet where your father need to take the initiative to do justice to you.

No more reply shall be forthcoming from me on this query henceforth.

ganesh asim (Querist) 20 July 2024
Thank you Everybody for your valuable advice !! Thank you once again Lawyersclubindia forum for understanding my situation and promptly giving me reply to my queries ...

P. Venu (Expert) 22 July 2024
Admittedly, your father, sister and brother are the joint-holders. There is nothing that prevents your father and/or sister gifting their share in the property to safeguard your interests and investment.

ganesh asim (Querist) 25 July 2024
Thank you for your reply, P. Venu Sir
My siblings say as long as Parents are alive I should not discuss about share and/or any reimbursement or recovery of my money at all.. I want my parent live longer than me but as I am 45 years old and living in rental house. I want my money as down payment for buying new apartment...As you know 80% i will get as home loan ,but for remaining 20% I want my family member support me the same way i supported them.. I want to know is there any way I can take any legal action against my brother who is not ready for any solution

P. Venu (Expert) 25 July 2024
You are confusing facts and elementary legal concepts with emotions and wants.