pay ment for the property bought

Querist : Anonymous (Querist) 19 April 2010 This query is : Resolved
sir
my self and my brother bought a house together with 50 percent share.
However due to the circumstances at that time i paid the 80 percent of the total amount. Now i want to claim for the 80percent for the share of the property.
do i have any legal standing just because i have proof that i paid the 80 percent of the amount

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Suryanarayana Tangirala (Expert) 19 April 2010
when did u buy what was the arrangement for mode of payment?is there anything in writing between u two?

Raj Kumar Makkad (Expert) 19 April 2010
Had you paid 100% amount of sale consideration and even expenses of registration but the registered sale-deed would have shown your share even 1% then you would have been owner only to the extent of 1% only and rest if got registered in favour of your brother then he would have been owner to the extent of 99% even without paying a single penny.

So there is no relationship of the payment rather it is the recital of sale-deed which constitutes the share of the joint share holders.

bhagwat patil (Expert) 20 April 2010
mode of payment and contribution in total amount has nothing to do with share in property. if it is not mentioned in sale deed that the share in property will go so and so. you can ask ur brother for 30% amount. if paid by cheque.

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