Distribution of property
shaileshmodi
(Querist) 20 May 2015
This query is : Resolved
I have query...my father & their brother has purchase one property in name of his brother before ten years ago...now that brother is denined for sharing the property. Now can anyone give me suggetion how i can get that property..because payment had been done by my father...
Advocate Kappil Cchandna
(Expert) 20 May 2015
Sir,
It could be proved in a way that ur father's brother could not as he was not having sufficient means to pay and satisfy to the court that the money was actually paid by your father ....
Warm Regards
Kapil Chandna Adv
9899011450
Jeetender Gupta
(Expert) 21 May 2015
In whose name was property registered? If only in your brother name, why not joint name? How was that pmt shown in books of accounts by your father & brother wld also be a consideration. Unless all facts are not clear difficult to reply. If you have hesitation to put facts here on public forum you can email them at guptajeetender@gmail.com
shaileshmodi
(Querist) 21 May 2015
The property was registered in my uncle name but payment was made by my father...the property was nt registered in joint name..@jeetender sir
shaileshmodi
(Querist) 21 May 2015
The property was registered in my uncle name but payment was made by my father...the property was nt registered in joint name..@jeetender sir
Rajendra K Goyal
(Expert) 21 May 2015
The property is in the name of your uncle, your father's claim on it would not succeed.
shaileshmodi
(Querist) 21 May 2015
Bt they were lived as joint family when the property was purchased...
Rajendra K Goyal
(Expert) 21 May 2015
Sir, the property is in the name of your uncle.
malipeddi jaggarao
(Expert) 21 May 2015
When the property is registered in the name of your uncle, though your father contributed for purchase price, you will not have any right over the property. It is not clear whether your father is alive or not. If he is alive, he can claim refund of his contribution if there is sufficient recorded proof that the property is purchased with his financial assistance. For that also limitation problems will come up. It appears you are in a mind that since your father has contributed financially for purchase of the property, your father/you have right over it. But the fact is registration is the final proof of ownership. Your father should have asked your uncle to get the property registered in the name of both, which he did not do. That means he has not extended the financial assistance with intention to be a co-owner of the property. He did not raise any demand for refund of money. Your thinking is not as per legal provisions.
Dr J C Vashista
(Expert) 22 May 2015
Well advised by experts, I agree.
Your uncle may be convinced to transfer the property or pay the amount, however, there is no legal remedy for your father except the fact he (your father) may take a chance, file a suit for recovery of money paid for the purchase of property.
Biswanath Roy
(Expert) 22 May 2015
You cannot claim any share in the immovable property merely because your father allegedly funded to purchase the same.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
The story what you say now cannot be believed by any one as well as it not tenable by law. If your father funded the purchase of property, what prevented him from registering it in joint names even if it is considered that he had affection towards his brother then?,
If possible try for amicable talks and arrange to get your father's due in the property or else, you may take the help of a local advocate to see if there are any possibilities to enact your folk tale before the court of law.
