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Naresh Jamadagni (Engineer)     10 January 2014

Buying a house with brother in law

Dear Sir.

I am an engineer and married. I have a Kid. My sister is also married and she has a kid too. Now we are planning to buy a house together. We are short of funds. Hence we want first the property to be registered in Brother in Law's name to get an home loan. After clearing the home loan they will add me to be the co owner of the  house. My questions are below.

1. Is it possible to add me as co owner with equal rights after clearing the loan?

2. Since my Brother in Law has Kid(my nephew 8 years old) , my nephew  becomes  eligible to property as soon as the house get registered to Brother in Law's name. Now he is minor. Can my brother in law transfer 50% of the rights to me while my nephew is minor? Will this creates any additional complexities in future.

3. What is the best way to share the property in my case.. ?

4. Please provide your opinion and suggestions?

Thanks 

Naresh N Jamadagni



Learning

 3 Replies

Biswanath Roy (Advocate)     10 January 2014

In reply to your 1st. question - Is it possible to add me as co-owner  with equal rights after clearing the loan ?

                                                      I say-YES

         "                  2nd. question - Since my brother-law has kid.........................complexion in future ?

                                                     I say NO

        "                   3rd. question - Gift Deed for 50% share in the property or relinquishment  of 50% right to property in your favour.

       "                    4th...question - Professional opinion and suggestions will be a lengthy one  but can be given on  usual professional terms.

Ajit Singh Cheema (practising Advocate)     11 January 2014

It is very sincerely  advised that you should not enter in to this misadventure.

If you still want to enter in this deal ,it should be insured that  the property being purchased  should be in two portions.The title deed through which the property is being purchased should  recite that the property is in equal shares in  the  two names.

T. Kalaiselvan, Advocate (Advocate)     12 January 2014

How are you going to buy the property, whether in joint names or on any individual's name?,   If it is bought on your bro-in-law's name, then it becomes his individual property.  Now ans to your Qs.

1. Is it possible to add me as co owner with equal rights after clearing the loan?                It is not possible

 

2. Since my Brother in Law has Kid(my nephew 8 years old) , my nephew  becomes  eligible to property as soon as the house get registered to Brother in Law's name?      Who said so?, there is no such law that a son will become entitled to his father's property sooner he takes birth or sooner his father purchases it, it your misconception.             

Now he is minor. Can my brother in law transfer 50% of the rights to me while my nephew is minor? Will this creates any additional complexities in future.           This is nothing but your curiosity, shed the fears.

3. What is the best way to share the property in my case.. ?  Buy a property separately

4. Please provide your opinion and suggestions?  Read above


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