Suresh Sharma 24 July 2018

Property dispute

Dear Sirs,

Need advice on following points:

1) we bought a house in Jaipur in the year 2004. I the house costed us 12 lacs and I paid 7 lacs from my bank during the registry and the registry was made on my mothers name as a mark of respect as my father expired in 2003. The pending amount for the house registry was taken from my fathers saving. The 7 lacs that i had given through cheque are mentioned in the registry.

We all are staying together except my sister who is married and settled in delhi. At ground floor i am staying with my mother whereas my younger brother and his wife is staying on first floor in the same house.

now my mother in interested in selling the house after coming into influence of my sister and brother. I am not allowing them to sell the house. Now my mother has approached the court for me to vacate the house. I am asking for my share of house against the payment made during registry. I could have planned for registry in my name but got the registry done in my mothers name taking into consideration my fathers expiry.

please advice on the above. i am not earning well that i can afford a house on rent.

regards

suresh sharma

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3 Replies

Siddharth Jain 25 July 2018

you can file a suit for declaration in Civil Court declaring you the owner of the part of the property for which the sale consideration has been paid by you. Also you will be entitled for a share from your father's property as you are a class 1 legal heir of your father.

For any other queries feel free to contact me at isidjain1@gmail.com

Suresh Sharma 31 July 2018

dear sir,

thank you for your mail. Actually my mother has a will of my father which was made in 1973 when he joined forces. my mother is taking advantage of the will and trying to prove that she is the only legal hier of the property. Moreover as er DLC rates the entire amount was paid my me from my bank accounts. the same has been mentioned in the registry of the house. the will is as per army act, is it a valid will can it be challenged.