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Nisha (Office manager)     28 July 2010

Father rights on child property

Myself and my sis both are married, our mom gave us a home owned by her and was fully in her name.

While constructing my father have got the reciepts from the builder in his name,but the money have been given by my mother name, as she had taken Hosuing loan for this,she has all documents for this.

Now both my parents are separated not legally, my father is claiming his share in this home, stating that I have paid the amount for constructing this house.

Is this valid, can he claim his rights in this property now in our name, our mother changed the property in our name. 

Kindly clarify me with Section under which you are giving us suggestion. Also suggest us he is not ready for the divorce ,but my mom wants to separate from him.

 



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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 July 2010

Kindly check agreement with builder, if the builder has executed the agreement with your mother and your mother has raised loan than your mother has right, title and interest in the property and your mother can deal with the property.

regards.

Bharatkumar (ADVOCATE )     28 July 2010

First, U see the AGREEMENT (whose name mention in document)  AND thereafter u contact local lawyer.

Nisha (Office manager)     28 July 2010

No agreement or bond being executed between my mom and the builder, we just approached the builder he built it for us, he came through my father reference. She raised the loan with the bank and she paid off the money and closed the loan also. 

Kindly let me know my father is saying that its illegal to change the property to our name without his consent or permission, is it worthy to argue like this.

Nisha (Office manager)     28 July 2010

Which agreement you are talking about. 

As there was no agreement executed at that time, my father can create a duplicate agreement with the help of the builder now.

Bharatkumar (ADVOCATE )     28 July 2010

U contact Bank and u search that loan pass by Bank on which doucuments. Receipt of Payment, Possession Letter, Allotment Letter, No Due Certificate, No Objection Certificate etc........ Please check it.

Nisha (Office manager)     28 July 2010

Ok will do that.

Kindly make me clear that, the property is in my mothers name, can she change that to our name.

Devesh A. Bhatia (Advocate)     03 August 2010

Nisha,

In whose name the property is registered? If it was registed in your mother's name and there after your's and your brother's, then your father has no legal right over the property. 
Even if he claims that he had spent money on renovations, only claim he has on the property is for renovation money that too if proofs are there. 


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