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A Good guy (None)     28 July 2013

Want to sell property in own name, has parental investments

Hello

I would like to understand the legality of the following situation. Any advice and/or reference to the relevant sections of law would be most helpful.

Case history: My parents and brother bought a property in my brother's name a couple of years back. At the time of purchase, my parents paid the down payment, registration fees, etc from their own savings. They also invested their life savings in the construction of a building on this property. My parents are deriving their living income from that building. Now, my brother wants to sell that property claiming ownership of this property as the land is registered in his name only and he has paid off the loan taken to purchase the land.

Q1. What legal rights do my parents have over this property?

Q2. Can my brother sell the land without my parent's consent?

Q3. Can my parents prevent or block the sale if it goes through?

Thank you for your response.



Learning

 1 Replies

Advocate Ravinder (Advocate/Attorney)     29 July 2013

Though the property was purchased in the name of your brother's name it is the joint family property.  But you have to prove that the funds of your parents are involved in the property.  Though your brother had contributed some of his earnings it wil not become his sole property.  You immediately file a partition suit.  If your parents are your side make them as plaintiffs, if they are not your side, make them as defendants.   


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