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have_question (Home)     04 May 2011

Question on Purchasing New Apartment

Hi All,

My husband and me are planning to purchase a new apartment. We are a working couple. so we are planning to take a joint home loan and we would like to register the new flat in both of our name as 50:50 owner ratio.

But my father-in-law would be providing the down payment amount to us.

I have come accross below question regd this:

1) Can my father-in-law pay the down-payment amount to our(husband & myself) joint s/b account ?

2) Do we mandatorily need to include his name in the purchase aggrement ?

3)  If  my father-in-law directly pays the down payment amount will there be any issue with my ownership in that flat ?

4) If  my father-in-law transfer the amount and then we  pay the down payment amount will there be any issue with my ownership in that flat ?


Waiting for your kind advise..



M Mitra


 1 Replies

ambrish (service)     04 May 2011

Reply to your query is as under :

Query 1. Yes, he can do so if buyer agrees for the arrangment.

Query 2. Depend on your meeting of mind..though he can say so.

Query 3. Yes, he can later claim that it was benami transcation and he is actual owner. He can bring declaratory suit later on.

Query 4. Then it will be a matter of evidence that money given does not belong to your father-in-law, if matter goes to court.


We recommend to read a very nice book on this subject :

‘A legal guide on precautions before property purchase’ In Hindi Language.

Book is available at : Nirdaliya Publication, Mr. Kailash Shrivastav, F-35, South T.T. Nagar, New Market, Bhopal (MP) 09424443401, 07552772406. Preview available at



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