Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

V.Gururaja Rao   04 June 2023

Joint family brothers

A Mother had 3 sons, and have amicable relationship with each other. Initially all of them have lived in a rented flat, subsequently owner of the said Flat offered the same for sale to them, the three brothers accepted to purchase the said Flat for total sale consideration amount of Rs 30lakhs, and they have entered in to an agreement of sale and all of them have Jointly paid a sum of Rs 18lakhs towards part sale consideration and owner passed the receipts, and for remaining sale consideration, they wanted to obtain bank loan as the elder brother was the only employee of and MNC, all of them decided to obtain loan in the name of elder brother and to register the sale deed in his name and to mortgage the said property to bank till repayment, accordingly elder brother obtained loan, and paid remaining sale consideration amount to the owner. After one year unfortunately elder brother died intestate due to kidney failure leaving behind his wife and minor daughter, and during the said period one year he repaid only two lakhs to the bank, Thereafter his wife left the house without any reason and she never agreed to pay the  installments due to the bank for her husband's share, however the other two brother paid all the installments to the bank and they are in physical possession of the said property. While matter stood thus the widow of elder brother all of a sudden issued a notice to mother-in-law, and her brother-in-laws to vacate and hand over the possession the said flat to her as the same was her husband's self acquired property though she has not paid a single installment subsequent to death of her husband. 

Though the notice was received by other two brothers they have not issued any reply notice, and kept quiet, however, the widow of elder brother filed a civil suit for declaration of title and for possession, wherein two brother appeared and filed their written statement bringing to the notice of the court all the aforesaid facts. Now my question in given circumstances, whether two brothers who paid entire sale consideration by way of installments to the bank will succeed in the above suit, if yes provide any case laws.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     04 June 2023

It is not known that what you have given in the written statement, however if you have objected to her claim on the basis of the documentary evidences to prove that they all have contributed for the purchase and also for repayment of home loan, they can very well argue on the same lines and get the case dismissed, sometimes the court may partially allow her claim to one third share in the property since her deeased husband has contributed for the purchase of the house partially in the initial stages as well as he repaid a portion of loan amount during his lifetime.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register