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Author Topic: Regarding property rights of parents and brothers  (Read 627 times)

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Offline Saidu

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Regarding property rights of parents and brothers
« on: March 20, 2016, 10:01:23 PM »
Dear All,

I have purchased an independent house in my name in 2009, by taking home loan from ICICI (17.5 lacs) and my company credit society (4 lacs). Then we, two younger brothers and parents, shifted to the house and have been living in the house since then. The property is in my name only however, while drawing home loan from ICICI HFL, my mother is registered as a co-applicant. I have been solely paying EMI since then from my salary from the starting. I haven't taken single rupee either from parents of brothers for paying EMI.

I got married in the year 2010. At present I got two children; 5 yr old and 3 yr old.

My 1st younger brother (2nd one) runs a lorry garage with 50 % ownership and earns around 40 - 50 k per month. Though he started earning since 2012 but I never asked any money from him for repaying EMI. He got married in the year 2013, now has one child. Before his marriage we bought a site for 6 lacs for which I have contributed 4 lacs and the property was registered in his name only.

My youngest brother has just finished his B.tech, I have spent around 3 lacs for his education.

Recently conflict came in the family and parents want to separate. My father is saying that the house in which we are living, bought by me, has to be distributed in four shares; one for parents and three for brothers.  I said there will be no right of brothers on my property, the house. However I will take care of my parents by myself. Also, my parents are having property worth of 20 lacs in village. I told to give that property to my brothers only and don't want any share in that. Also, I will help for youngest brother too to purchase any site (around 4 lacs). But my father is not listening to this. They want to sell the house, pay the outstanding 15 lacs and distribute whatever remaining amount in four equal shares.


Please explain me about the rights of my brothers and parents on the property that is purchased in my name.
   

Offline rajgopal sripathi

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Re: Regarding property rights of parents and brothers
« Reply #1 on: March 21, 2016, 03:02:04 AM »
Hi
if the property is in your name (though your mother is a co-applicant in the loan application),the property belongs to you only. Keep all the proof of EMI's paid by you from your salary account safe so that it can be recorded as evidence in court if needed.
You need not give 1 rupee also to your parents or your brother as the house is belonging to you only.
Also with reference to your father's properties in the village don't relinquish the property in favour of your younger brothers now or till time their claim on your house is relinquished.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline Saidu

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Re: Regarding property rights of parents and brothers
« Reply #2 on: March 21, 2016, 06:57:34 AM »
Thanks for responding to my query.

I have tried to convince my father but he is not listening. In addition he is trying to emotionally blackmail me and my wife.
They altogether shifted to another house (rented).  In fact they are threatening to lodge police complaint on basis that I am not taking care of my parents.

Another thing is I have transferred my home loan from ICICI HFL to LIC HFL and my mother is still continued as co-applicant in home loan.
I contacted LIC HFL to change co-applicant and register my wife as co-applicant but authorities of LIC HFL are saying that there is no
provision to do that. My worry is if anything goes wrong, shall the right of property goes to my spouse or not. What should I do to prevent such conflict?
Shall I need to prepare a will?


Offline adv.amarnath

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Re: Regarding property rights of parents and brothers
« Reply #3 on: March 21, 2016, 07:38:27 PM »
Mr. Saidu,

This dispute which you have explained is absolutely personal dispute and I can doubt that your parents is inclined towards your others siblings. The properties which are stands in your name will be absolutely yours and no one has rights on those. Emotional blackmail is temporary. But once you caught in it you will be in huge lose. Same situation have been explained by another person in this forum. Now that poor guy is just ruined.

Anyway, false complaint has no merit but for your safety you can send money order to your parents and keep the postal receipts and acknowledgement with you. Further write a letter to your parents asking them to return back to your place. Write their blackmailing issue in tricky way to create evidence for any future legal complications 
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: Regarding property rights of parents and brothers
« Reply #4 on: March 21, 2016, 09:52:32 PM »
Hi
To reiterate, your property will belong to you only.. Your mother is a co-applicant for the loan and not the house.
also since you are paying EMI's from your salary and your mother is not having any income, you can demonstrate the same to the court, as and when need arises.
Options to resolve future conflict are available but they will hit your finances
a) Close the home loan right away. that way you alone will the owner. but since it appears that you have recently transferred your home loan to LIC HL, pre-closure of loans within 1year from date of disbursement will result in you paying penalties.
b)Registered Will is a good option.
c) You can also make your wife nominee in home loan account, make your salary account joint account with your wife) so that there is an element of safety there. but to keep you informed, nominee does not mean legal successor. Nominee is a contact person for the bank / home loan guys, should anything happen to you.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: Regarding property rights of parents and brothers
« Reply #5 on: March 22, 2016, 09:37:38 AM »

This dispute which you have explained is absolutely personal dispute and I can doubt that your parents is inclined towards your others siblings. The properties which are stands in your name will be absolutely yours and no one has rights on those. Emotional blackmail is temporary. But once you caught in it you will be in huge lose. Same situation have been explained by another person in this forum. Now that poor guy is just ruined.

Anyway, false complaint has no merit but for your safety you can send money order to your parents and keep the postal receipts and acknowledgement with you. Further write a letter to your parents asking them to return back to your place. Write their blackmailing issue in tricky way to create evidence for any future legal complications
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Saidu

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Re: Regarding property rights of parents and brothers
« Reply #6 on: March 23, 2016, 05:50:54 AM »
Sripathi ji and Amarnathji

Once again thanks alot for your suggestions and help. I will try to explain the situation to my parents.

 

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