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Deva   21 November 2015

Constructed home threatened to be sold

We had purchased old home in the name of my father 20 years back. My mother and father were working employee so with both of the contribution old home was bought but it was registered only in my fathers name. After retirement, my mothers complete money was invested to construct a new home and loan was bought from bank with my father as main applicant. My mother and me are a co-applicant for the same loan. Loan EMI is paid by mother completely. 

Now indeed of family dispute, my father have decided to sell the house and says that we have no rights to claim anything. Do we have any alternate to stop him selling without my mother's consent? Is there any steps that we could do stop him or asking for penalty charges for all my mother's income for all these days and investment she made.



Learning

 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 November 2015

Yes . The transaction is of a benami nature and hence is barred by law . The stay ought to be granted to you if fought well .

Kumar Doab (FIN)     21 November 2015

Your stakes may be limited to the amounts forwarded only.

The father is owner.

If amicable settement is not possible and you have decided to litigate then consult an able counsel specializing in such/family/property/revenue/civil matters ASAP and understand the options/remedies.

 

T. Kalaiselvan, Advocate (Advocate)     26 November 2015

The propety appears to have been bought in the name of father, therefore he is the absolute owner.  This problem cannot be sorted out legally, it has remedies only through amicable talks.  Arrange for it.


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