Ash (NA) 24 July 2014

Property rights

Dear Sir/Madam,

I am a general citizen and don't know the technicalities of law. Please advise me in below case:-

Preface: My elder brother (say "Ravi") has a flat in Ghaziabad, U.P. His wife is the co-applicant for the home loan on this flat and so property registered in both my brother and his wife’s name.

Unfortunately, my brother "Ravi" has died in an accident in end of Feb this year. On April 1st Ravi's in-laws family took Ravi's wife along with his two daughters. And now Ravi’s wife got re- married to a new life partner.

Now, the home loan insurance sorted and insurance company transferred the 100% loan amount to Ravi's wife account within same home loan bank.

Catch : My brother Ravi and her wife had a deal in last year Oct 2013 with me to sell the same flat to me. It was in total Rs2150000. I paid the Rs1186000 and it was in the deal the rest of the bank loan i.e. around Rs1000000 should be paid by me. The whole deal is documented in a simple notary bond document duly signed by myself, brother, his wife and two witnesses. There was no any timeline for this. Since, I live out of country so I couldn't come back India to get the property registered in my name but I started paying EMI to bank.

Issue : As stated above bank got the home loan payment and ready to handover the property document to Ravi's wife as she was the co-applicant and 50% registered owner. But, now Ravi's wife is claiming this is her property and she won't give me back as per the deal in Oct 2013.

Question :

1. If my right still exist on this property on the basis of agreement made in Oct 2013?

2. If there is any rights exists for Ravi's/my parents on this property?

Many thanks,

Ash

Reply Follow

6 Replies

Dr J C Vashista (Advocate) 24 July 2014

Question :

1. If my right still exist on this property on the basis of agreement made in Oct 2013?

Answer: You have a claim and right over the property despite the death of Ravi.

2. If there is any rights exists for Ravi's/my parents on this property?

Answer: Yes, being the legal representatives (heir) of Ravi your parents have 1/8th share i.e., 1/4th share in 50% of property.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2014

Dear Querist

my opinion on your queries are as under:

1. If my right still exist on this property on the basis of agreement made in Oct 2013?

Opinion: yes, you may file a civil suit for specific performance against her to perform her duty and transfer the property in your name or you may claim your

2. If there is any rights exists for Ravi's/my parents on this property?

Opinion: as mentioned by above expert

Ash (NA) 24 July 2014

Thanks a lot for your expert comments Mr. Vashista & Mr. Qureshi.

Dr J C Vashista (Advocate) 25 July 2014

You are most welcome

T. Kalaiselvan, Advocate (Advocate) 27 July 2014

Besides the notarised bond agreement, do you have the evidences for payment, i.e., the transfer of amount through bank transactions?, and also evidencing the further EMI payments ?, this clinching evidences will be sufficient to prove your case, you can very well go ahead with a suit for specific performance of contract, though the time is not essence of contract, the three years period from the date of agreement till this date has not expired. Consult a local lawyer and proceed as per his further advise.

Biswanath Roy (Advocate) 02 August 2014

Your claim for right to property rests upon two ingredients, namely, -

1. An agreement to sale the property ( even if it is notarized )

2. Evidence relating to payment of valuable considerations or any part thereof in terms of the agreement for sale.

In case you proceed to file a suit for Specific Performance of Contract the Defendants will be your brother's wife her children, and your father and mother who are legal heirs of the deceased brother.