Right of sons into the property baught by father
anand trivedi
(Querist) 05 October 2014
This query is : Resolved
hi
my father purchased a flat taking a loan from a bank jointly with my step mom. payments for that flat made through a joint account
but the flat is purchased only in the name of my step mother.
who was a divorcée prior to marriage with my father. there is no gift deed.
and me and my father along with step mother lived in the flat for the past 11 years.
my father died last year now the step mom has thrown the belongings of myself and my brother from the house and is not allowing us to stay in the flat. she is claiming that since the flat is only hers name we have no right to stay there.
ours argue is that my father paid for the flat so we must get a share in the flat.
please guide
P. Venu
(Expert) 06 October 2014
There is very little chance for you to establish any claim over the property.
malipeddi jaggarao
(Expert) 09 October 2014
She has the right to claim that property exclusively as it is registered in her name irrespective of source of funding for purchase of the flat. However, since the bank loan is in joint names and repayments are also through joint names, if that joint account is funded by your father, you can make a trial by serving a legal notice and approaching the civil court claiming your right. But as Expert Mr.Venu summarized, chances are not that bright.
T. Kalaiselvan, Advocate
(Expert) 10 October 2014
Once the property was registered in her name, it becomes her own and exclusive property over which you cannot claim any right or share in it.
anand trivedi
(Querist) 10 October 2014
Dear sir as you pointed out that if source of funds are of your father' s than you can claim your share. So I want to share the info that Funding is totally made by my father as my step mom is a housewife and no other sources of any income.
anand trivedi
(Querist) 10 October 2014
Dear sir thank you for your advice.
As you have pointed out that if sources of funds for the loan is fully arranged by my father that can be established as I have checked with bank documents it shows every documents are in joint name
Loan account as well as savings account from which ecs were made for loan
Adv D P Jindal
(Expert) 11 October 2014
May you father has contributed, but he get it registered in name of your step mother, this is like surrendering of one's share. So there is no chance, unless some fraud or coercion is there.
