Saahil Gupta (Service) 14 June 2010

JShare in joint Property

I have purchased a Flat in noida from a builder.

My father has first name and i am co-applicant in the property.

We have also taken home loan where my father is main and i am the co-applicant.

We are two brothers and one sister

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1 what is the share of me and my father in the property?

2 Can my brother and sister also claim in the property?

3 As my father has first name so does he has more rights than me in the property?

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 15 June 2010

Who is the regd., owner of the property and why your father's name is appearing as first name?

If the sale deed is in your father's name then he will be the absolute owner.

If the sale deed in both names, then both will be the owners of the house.

If it is joint name then both you will have 1/2 share in the properlty.

Your other family members will get share only after the death of the Ist owner, during the life time they cannot seek because it is self acquired property of the first owner.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 15 June 2010

sir

one thing u have to clariffy how ur father get money to purchase the flat

if ur father purchased the flat with joint family money every one will get the right

if ur father purchased the flat with his one income if ur father during his life time executed any will after the death of ur father the will comes in to operation

if your father didnt execute the will his heirs will get absolute right over the flat