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sathyanrayana J (sse)     30 September 2015

Legal openion

Sir, I have constructed a house by taking loan from LIC-HFL in 2005.My mother is house wife and no source of income. My mother is the applicant in loan and myself co applicant. Every month I am paying the loan. municipal plan is approved on my name and I am paying house tax.

Who is the absolute owner of the property me or my mother?


 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 September 2015

From your query, it seems that the land wherein the house has been constructed is stands in the name of mother, and so she became the principal borrower. Therefore, it is easly understand that the mother is the owner in the eye of law.


Though the building approval was given in the name of son, it will not create any title over the property.


On the other hand, (since it is stated in the query that the mother had no source of income) if it is able to prove that the property was purchased in the name of mother by utilising the fund of family and the same is  recognised by the Court of law, then the son also comes under the category of co-owner as one of the family member.

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     30 September 2015

it is benami purchase which is prohibited..ur mother is legally owner of pproperty at th most u can file suit to recover money

sathyanrayana J (sse)     06 October 2015

Sale deed is on my grand monther's name i.e. my father's monther.

Family money is not utilized to construct the house. Constructed house with my own funds. Have all the documents to prove it.


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