Fathers self acquired property - claim post death
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
Hi,
My father had a plot, which was registered in my mothers name and my father GPA holder, i stood as co-applicant and constructed a house with additional money from my sources( personal loan, etc). I am staying away from the house due to my workplace requirement.My mother passed away 2 years back and my father passed away recently, with no will left behind. i have queries as below.
1) we are 2 sons with no sisters and we both have daughters. My younger brother wants to claim this property saying i won't reside here.
2) Still we have home loan prevailing, how to ensure upon completion i/we receive the documents which we had mortgaged (mortgage loan). EMI is being paid from rent accured from the property.
3. Legal options to ensure i retain the property and ensure it goes to grand daughters or avoid misuse or wrongful sale of it.
4. who are legally eligible to claim this property.
ajay sethi
(Expert) 03 August 2011
1)in respect of self acquired property of parents both sons have equal shares
2)upon repayment of bank loan bank will return original documents and furnish no dues certificate
3)property cnanot be sold unless bank loan is repaid or bank grants consent for sale .
4) apply for succession certificate
M/s. Y-not legal services
(Expert) 03 August 2011
Yes. Am agree with mr.shethi. As a legal heirs of your parents both of you having equal share. Like that both you are equal liabilities for the personal loan which is obtain by you.
R.Ramachandran
(Expert) 03 August 2011
As things stand, since the plot of land is in the name of your mother. The property on the said land, namely the house will also stand in the name of your mother.
If this be so, then the said property will go equally by way of inheritance between you two brothers.
However you say that the construction has been done by you by getting loan and you are repaying the loan. To that extent you will be in a position to establish/prove that the construction was done by you by availing loan and that the loan repayment is being done by you.
You may have to come to an amicable settlement with your brother whereby your brother should recognize the fact that the construction was funded by you and to that extent you should get fairly a higher share. If he does not agree, then you have to approach the court, establish the factum of funding by you and seek higher share.
As of now, only you and your brother are the persons who will get the share in the property and nobody else.
K.S.Srinivas
(Expert) 03 August 2011
Dear anonymous,
Besides Mr.Ramachandran's opinion, I would like to suggest that try to persuade your brother that you have constructed the house by borrowing personal loan by showing proof of having borrowed the loan. Perhaps your brother may agree for your claiming higher share.
