family dispute regarding property
saatwik
(Querist) 17 November 2010
This query is : Resolved
hi,i am saatwik,by profession a finance head in MNC. my question is our house is at my mothers name & to make that house i have taken a loan for 20 yrs in the year2005 of half of the cost which i spent to build a house. now the problem is my mother wants to give that house to my sister who is married & my mother has already given a land to her instead of that house. but now i tried to stop my mother by taking this step so my sister is saying after my moms death she will file a case against it. now when i ask my mother to write a will ,she denied . so is their any possibility , after my moms death she can file a case.
Plz answer the query .it is sth very urgent & important.
Thanks & Regards,
Saatwik Sharma.
adv. rajeev ( rajoo )
(Expert) 17 November 2010
Definately she can file the case for her share. Being a legal heir she is entittle for the share in the mother's property after her death.
saatwik
(Querist) 17 November 2010
thanx for the answer sir, but when i am paying this loan & my mom ,dad doesnt have any income source then. during the paying off the loan procedure can my mom transfer this property to somebody else name or at my name
adv. rajeev ( rajoo )
(Expert) 17 November 2010
She can transfer it to any body or to you. She is the absolute owner of the property, but encumbrance goes with the property till itz realisation.
Devajyoti Barman
(Expert) 17 November 2010
The situation is not good for you. Convince your mother to transfer at least half of the share in the house to your favour.Otherwise you have to file a suit for declaration which in the context of Benami Transactions Act, 1988 would be very difficult to prove.
saatwik
(Querist) 17 November 2010
thanks u so much sir for ur generous reply
saatwik
(Querist) 17 November 2010
but i am the one who is paying this loan and my parents are dependent on me.instead of loan ,i am the one who has paid rest of the amount to build that house.my parents are dependent on me since very long.then
Devajyoti Barman
(Expert) 17 November 2010
Now clarify one thing- in whose name does the land on which the building is standing belong? If it is you then you can file a suit for partition to lay claim your share.
saatwik
(Querist) 17 November 2010
sir please reply its a worst situation for me,i have spoilt me by spending each & every peny from my acount to help them out.now how can they do this to me.
M.Sheik Mohammed Ali
(Expert) 17 November 2010
your mother, how did get the mentioned the property ? 2nd one is how to get loan on the property ? your mother signed the any suriety of the loan agreement ?
saatwik
(Querist) 17 November 2010
land is at my moms name,and i have taken a loan at my name with the sign of my mother on it that i m taking a loan on her owning house
Devajyoti Barman
(Expert) 17 November 2010
Then I think you could nothing except for transfer of the house or part of it in your name or to default in paying the EMI. Once you stop paying the EMI, the Bank will try to get the property which will give you bargaining power to claim your share.
Sri Vijayan.A
(Expert) 18 November 2010
You stop re-paying the loan
Khaleel Ahmed Mohammed
(Expert) 23 November 2010
Sell the house and clear the loan during the life time of your mother. Otherwise all the sucessors of your mother may claim.
