- This topic has 35 replies, 20 voices, and was last updated 1 year, 2 months ago by
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BAsking for s friend.
So a close friend’s father passed away couple of months and his sister is now asking for her share in the property.
Background.
My friend bought a apartment for his parents 15yrs back completely with his own money but registered to his father. His mother passed away 7yrs back had his father 2 months back. He is working with his father-in-law and lives in a different city. His father did not make a will.
Now his sister is claiming half of the property as her share and threatening to file legal case in court.
My friend does not have much to his name and with 2 kids.Question
– can his sister claim share to the property which he funded?
– he has proof of funds used at the time of purchase that he transferred to his father’s account. Can he claim ownership and transfer flat to his name? His sister is refusing to give NOCAlso what would be legal process required to sort this amicably without a lengthy legal process
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MYour friends sister has a right. It would be better to go through mutual settlement or arbitration and settlement and avoid court altogether.
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SLawyer here.
Yes she will get half the property.
No your friend cannot go for solo mutation without sister’s permission.
Engage a good lawyer, have him communicate with the sister and offer her a lumpsum in exchange for her share of the property.
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BMy friend doesn’t have savings to buy out her share. He will end up having to sell. That’s doesn’t leave him much for future. The property has appreciated quite a bit and not possible to buy another now.
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BThis is a very common situation In India
My father looong ago put funds and bought apartment in Delhi under the name of our Grandfather brother coz apparently army people at that time got some discount and my father and grandfather were in this illusion that we’ll be Hum sath sath h wala family
Anyway thats not how it happens
Chacha took the ownership of apartment after chote dada passed away
And it belongs to him legallySo no, there will be very less provisions for your friend
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PYour friend sound like an AH person. He had two kids with his wife, but just to deny her financial protection and security, he registered this house on his dad’s name. What an AH move. You can say it’s him money, but then why he used his wife’s body to have two kids? What will happen to his wife if this AH guy die? Or decide to divorce her?
Sister is good here. She is claiming what rightfully hers.
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C15 years ago maybe He wasn’t even married.
>Sister is good here. She is claiming what rightfully hers.
A property in which all the money has been invested by his brother?
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PHow do you know the money was invested by his brother? Why he registered the property on his dad’s name? There has to be more to this story. May be he paid 50% of it? But why would any man register a property on dad’s name? Specially when men typically die 7-10 years sooner compare to woman. Why not on mom’s name?
His dad didn’t make a will. He knew Whats gonna happen. It’s his dad’s property. Looks like it. He is trying to take away his sister’s share just like most Indian men do and call it a “culture”.
Also no sister will go to court against her own brother if he was so innocent.
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BNot sure what AH means. My friend bought the house before marriage so not sure what exactly are you implying here.
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AIf it is registered in fathers name Sister is Legal Heir . That’s it … She will get Her Share as per LAW Definitely
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UIf he has proof of funds …his ownership can be established and sister claim can be denied and it can be pleaed that in Indian culture it is common practice to buy assests in the name of parents as sign of gratitude and respect… There is case law on it right now I don’t remember name but I can give it you in a day or two
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CThis is one bad thing in Indian law.
Everyone blames things on patriarchy society. But today we mostly see problems due to feminism or girls/women misusing the law in their favour.
If this is a patriarchy society, once a girl is married away, she should not have any claim to her father’s property, only her parents-in-law’s property through her husband which he will be inheriting. But our Indian law and courts are there to cause problems to the good people.
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