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pankaj Dev   28 August 2024

Title suit

I have purchase one land in Assam on 23.03.2011in my sister name and payment made by me though bank . After that I have constructed the house and payment made by me though bank  and now at present there are 18.0 LAC market loan . Now my sister refuses to tranfer the land to my name . Also refuses to pay the  18.00 Lac market loan     Please suggest

 

Person who gets title of property by holding it for 12-yrs can seek legal recourse if ousted: Supreme Court -----IS  IT APPLICABLE 

 



Learning

 4 Replies

P. Venu (Advocate)     28 August 2024

First of all, why did you purchase the property in the name of the sister? Is the house also recorded in her name in the municipal records?

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

Even though you might have funded for the purchase of the property but it was purchased by a registered sale deed on your sister's name, hence it becomes her own and absolute property.

Besides funding for the purchase of the property what is the necessity for you to repay the rs. 18 lakhs home loan also?

If she is refusing to vacate or refusing to pay the home loan then legally you cannot do anything about it until and unless you have an agreement in this regard that too by a registered deed.

Is the property under your possession and enjoyment ever since the date of purchase and do you have documentary evidences to prove your possession and enjoyment besides the bills for the expenses incurred towards the construction and records to prove that you only paid all those bills?

If yes, then you can file a suit for declaration to declare your title to the property on the basis of the payments made by you with supporting documentary evidences. 

pankaj Dev   29 August 2024

 Good Morning  ,

yes Sir 

All the payment  made from my  bank account including payment at the time of purchase of Land . At since from the begining all of my  contractor labour are occupaying the building . But the sale deed was made  23.03.2011. Please suggest

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

There is no point in repeating the same question in a different form, you were advised to take legal action in the manner that would be maintainable hence you may consult a local lawyer and proceed as suggested


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