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Tim (Software Engineer)     05 November 2013

Ancestral property query

Hi,

I have a query regarding ancestral property.

 

Here is the background.

We purchased a house in 2006 on loan. Loan was taken on me and my brothers name. I was the main applicant and my brother was co-borrower. There was no need to have my brother as co-borrower but my father wanted to give him half share of house and said he will pay half of the loan. We did ECS from my bank  account and the day loan started only I am paying the loan EMI. He has done some stuff for house like purchased a gate, built compound, bought some new curtains, Puja and all. Not more than 3 to 4Lacs. 

 

But after that he has not done anything for house or loan. Now he is not ready to give anything towards loan and says he has already paid his share by doing such things. Loan amount was 17 Lacs. I already paid around 15Lacs and still 10Lacs is the outstanding balence. I tried convincing my father to ask him to pay the half loan but he is not ready at all. So my father decided to give me his share of ancestral property(agriculture land) to compensate it.

We have around 3 agriculture plots. He wish to give me one whole plot and remaining 2 plots will be shared in me, my brother and my sister.

Query is, Is this possible to give me one whole plot and equal shares to everyone in 2 plots?

Is my father allowed to do so leaggaly?

Is there any way get this done wiothout needing my brothers sign?(Obviously he is not ready to do so).

Any option to divide the property leaggly in this way?

 

Thanks

 

 

 



Learning

 5 Replies

BAALASUBRAMANNYAMM (Advocate)     05 November 2013

On whose names, the Sale deed is stands.  Whether it is in favour of your or also along with your brother. Let it be clarified first. 

T. Kalaiselvan, Advocate (Advocate)     05 November 2013

Please state that whether the house purchased on your name or on your brother's name or jointly on both of your names or on your father's name but transferred on your names for the purpose of loan ?  Whether  your brother was a co-borrower or guarantor?  Whether loan repayment was made only through your own and exclusive account ?  If there was any contribution towards the loan repayment from your brother ? If you say that the property was purchased on your name and it is only you who repay the loan on EMI basis, I think your brother cannot have a claim in the said house property.  Second thing is that your father can give away only his share in the ancestral property to any one during his life time, he has got no right or power to transfer or settle any portion or  share out of the property which is undivided joint family property to anyone he likes or desires.  If the property still remains undivided, on a consensus you may all partition properties as per the agreement arrived upon thereto. 

Tim (Software Engineer)     05 November 2013

Sale deed is in favour of me along with my brother. 

Please state that whether the house purchased on your name or on your brother's name or jointly on both of your names or on your father's name but transferred on your names for the purpose of loan ? - Jointly with my and my brothers name.

 Whether  your brother was a co-borrower or guarantor?  - co -borrrower

Whether loan repayment was made only through your own and exclusive account ? - Yes

If there was any contribution towards the loan repayment from your brother ? -  No. 

Tim (Software Engineer)     05 November 2013

Sale deed is in favour of me along with my brother. 

 

Please state that whether the house purchased on your name or on your brother's name or jointly on both of your names or on your father's name but transferred on your names for the purpose of loan ? - Jointly with my and my brothers name.

 

 Whether  your brother was a co-borrower or guarantor?  - co-borrrower

 

Whether loan repayment was made only through your own and exclusive account ? - Yes

 

If there was any contribution towards the loan repayment from your brother ? -  No. 

T. Kalaiselvan, Advocate (Advocate)     05 November 2013

If your brother is a co-owner of the property as per the sale deed, he has a share in the property, however you may claim with the proof in your possession that the entire housing loan was repaid only by you hence his share in the property would be proportionate to the extent of his contibution of amount towards purchase of the same.  This will be an argument before the court when the matter is disputed and seeks court's intervention, instead, have a joint meeting, negotiate and make compromises on the sensitive issues, be free of all tensions. 


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