LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul   21 November 2023

Son paid for property, registered in father name

I am hindu, Aged 62Y. Having one brother aged 54.


During my service I paid 100% to land owner to his account, since my small brother was always around father he prepared the document in father name and I registered the property in my father name.
now my parents are no more. We are looking for separation. I have all bank Statment evidence for every payment. 


My brother asking equal share, however construction also O spent 80%. I am not willing to give my purchased land. 
Such mistake I made in other 2 property as well, and today I have limited place to keep my family peacefully having 4 children. 


Is there any way where I can claim this partition as %paid by me. 
 



Learning

 9 Replies

P. Venu (Advocate)     21 November 2023

There appears to be no remedy other than amicable settlement.

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

You can file a suit for declaration of title to your name on the basis of documentary evidence in your possession.

Let him challenge or come for a compromise due to litigation pressure.

However if the court decides otherwise then he may get 50% share in the property, you may have to repent over your mistake done at that time  by registering the property on your father's name.

Rahul   03 December 2023

Thank you very much for response. Camt I claim since my father is no more now. 

Will I will be able to get my share% based on my investment done in my house. 

Anubhav Saxena   03 April 2024

If you have 100% transactions that you have paid for it then it will be yours as per benami property act. There are various supreme court judgements that property will belong to that person who sourced the funding of the said property . Don't worry just get your self a good lawyer if you don't have you can contact us we can help you !

P. Venu (Advocate)     03 April 2024

"There are various supreme court judgements that property will belong to that person who sourced the funding of the said property"

Please share judgements. It could be useful to persons who are similarly placed.

Dinesh Somwanshi   12 October 2024

Do u have any judgement like these.

adv.raghavan (Advocate,9444674980)     13 October 2024

you can try it, but success in this case is doubtful.

Dinesh Somwanshi   24 October 2024

I have paid to father and mother bank account to buy property in 2008 to 2013 on fathers name. After father demise can son claim property or money. 

adv.raghavan (Advocate,9444674980)     24 October 2024

If your father died without a registered document for transferring property, then it has to be equally divided. you have to go for a partition suit and you can claim better share.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register