rsp (ceo) 24 June 2015

Property transfer

Dear Sirs, Thank You for reading my question. I am just bit tensed so i am asking a small and very imp question. my family consists of me my wife and my parents.my mom is a retired government officer. when she got retired she got a provident and other funds of approximately 25 lakhs from the government.me and my mom decided to invest this money in some property. so we decided to buy a 2 bhk flat and we finalised one flat of 35 lakhs in one small district of maharashtra. since we were in short of ten lakhs so we decided to buy that house on bank loan and accordingly we bought that house on my sisters name. my mom transfered the amount to her account to buy the house. and for rest ten lakhs my mom was paying the installments from her pension account to my sisters account. now my mom has cleared the entire loan amount and bank has given the letter to my sister also regarding clearing of loan. now since all amount has been transfered we called our sister to transfer the property to my moms name. but i have a feeling that my sister is ignoring that. since my mom didnt made any agreement. my mom too called her several times but she is saying that she is not getting time to come to maharahstra and all reasons. now my question is if lets she denies transfering the property to my moms name then does my mom have any strong defence?? all the money has been duly transfered by bank only. not even a single rupee in cash has been given to my sister. pls tell me that what defence does my mom have or if thers no defence then what steps should be taken.

Hope someone gives me a proper guidance on my query.

regards.

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4 Replies

saravanan s (legal advisor) 24 June 2015

to my knowledge eventhough your mom had invested money in buying the property since its bought on your sisters name you cant lay any claim over it as it had become her self earned property.if she wants she can gift it to your mom but you cant force her to do so

Tapan kumar 25 June 2015

Dear Professionals,

Greetings

I have a confusion on some property transfer issue as follow

My father is going to purchase a jointly held house property situate in Odisha, but the problem is both the owner are stay in Raipur and the 1st holder(wife) is not able to come for registration of the transfer for her health problems, but agrees to give POA to her husband (the 2nd holder) to register the same in odisha, so now my question is can she do so...and sir I humbly request to you all professional to guide me regarding the legal issue and solutions to validly transfer the property....In wating of yours valuable advice

Regads.

CS. Tapan Kumar

Subash M R (Advocate) 25 June 2015

Answer to Query No.1.In the event of your sister is reluctant to transfer the property to your mother's name,you can file a civil suit in a competent court praying to declare by the court that your mother had funded to purchase the property in the name of sister and sister was mean in terms of money at that time having no sources of income independantly to own the property.Your bonafide(proof of evidence) is money has been transfered by bank only.

Thanking you,

Subash M R (Advocate) 25 June 2015

Answer to query No.2.The first co-owner(wife) can execute SPA (special power of attorney) in favour of the second co-owner(husband) in case the former is not able to participate in the registration of sale deed due to her health problems. It will be perfectly bound in case first co-owner(wife) gives SPA(special power of attorney) to second co-owner(husband) since it may be considered(giving SPA) as genuine one for lawful transaction.

Thanking you,