- This topic has 13 replies, 5 voices, and was last updated 1 year, 4 months ago by
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U**TL;DR**
My father and uncle jointly bought a 2BHK flat in Dombivli, Mumbai, in 2004-05. My uncle stopped paying his share of installments after marriage, and my father covered the entire cost. Years later, my uncle demanded a settlement despite contributing only ₹35,000 out of ₹8.5 lakh. My father offered ₹1.75 lakh initially, but my uncle demanded half the property’s value. Now, with property rates at ₹40-45 lakh, he is demanding ₹15 lakh for settlement or will take legal action soon by threatening he has the right to half of the property. How can my father resolve this issue, and is it possible to sell the property without my uncle’s consent?
**Full Story**
In 2004-05, my father and uncle jointly purchased a 2BHK under-construction flat in Dombivli, Mumbai, for ₹8.5 lakh. Since no loan was taken, both contributed in installments. However, after my uncle’s marriage, he stopped paying, citing financial constraints. My father, trusting him, continued payments alone.
Things didn’t go well within the family after marriage, and my uncle separated. When my father asked him to resume payments, he kept delaying, and ultimately, never paid another rupee. By 2008-09, the construction was complete, and my father cleared all remaining dues to take possession. In total, my uncle contributed only ₹35,000.
A few years passed and my uncle was in a financial emergency and asked my father for settlement by selling off the property, my father was shocked, till now the property was given on rent and my father was taking all the rent money. But, considering my uncle’s financial conditions he agreed to pay the settlement amount in cash to him without selling off the property (obviously). By this time (in 2015) the property rate had increased by 4x that is around 30-32 lakhs, so my father was offering him 5x the amount which is 35k * 5=1.75 lakhs (5 times his contribution), but my uncle refused and demanded ₹15 lakh (half of the property’s value at that time). Upset with the betrayal, my father refused to give in a single penny, letting him keep begging.
Now, with the property valued at ₹40-45 lakh, my uncle is again demanding settlement, proposing to subtract invested amounts and split the rest equally. After multiple discussions, my father offered ₹4-5 lakh (10% of the property value considering the rent he collected), but my uncle wants ₹15 lakh or threatens to take legal action. He even sent a legal notice to the tenants, demanding they vacate the flat stating, how they stayed here without his permission.
**Advice Needed**
1. How can my father legally resolve this issue?
2. Can the property be sold without my uncle’s consent (even if illegally)?
3. Any legal strategies to counter his threats?Would appreciate any guidance.
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BDoes the sale deed have both your father’s and your uncle’s name as purchasers? Does your father and your uncle have an agreement towards payment for the flat?
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Uu/afromace7 No idea about sale deed, but uncle’s name is in the sale agreement as a joint co-owner.
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BThe title deed shows the owners of the flat. A sale agreement doesn’t confer title. You should be fine as long as it is only your father’s name on the deed. If it is both, you’ll have to fight in court. Seek a declaration that the property is solely yours before the jurisdictional civil court by proving that though your uncle promised payments, in the end your father was the only man who made the payments for the flat, therefore should be the sole owner. It’ll be tough but you can use the case to perhaps negotiate from a position of strength into a favourable settlement.
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RNAL
No, your father cannot sell the property and if he does so then it is a fraud and a criminal complaint can be filed against him.
Your uncle will probably only get the amount in the proportion in which he paid the money. If he had paid 10%, then he will get 10% of the total amount only.. assuming you have all the valid documents to prove how much your father and your uncle paid. -
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MNAL. Two things have to be kept in mind. First who has his name on the sale deed. If its in your father’s name, you uncle can do nothing. Its in your uncle’s name, better to settle with him. If both of them are co-owners, there isn’t much you can do.
Second, you say your uncle stopped paying the EMI. Unless he has his name written on the deed and the loan was sanctioned on both names and he was paying through his own account, you can’t really prove that he didn’t pay the installments. It will be his words against yours. He could just say he paid everything and be entitled to half the value of the flat.
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MThen unless you can prove he didn’t pay the installments, you can’t do much. Better to settle out of court.
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MYou can file a case. But these things take a lot of time. I would still suggest to settle it outside of court. Even the advocates ask lot of money for property cases.
If doesn’t agree to anything reasonable, tell him you have all the proofs and you will sue him. Sometimes a threat of case works, but he isn’t going to lose much, so having a case is in his favour since he can drag it fir ever.
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