Legal Question in Real Estate Law in India

My father has gifted a self acquired property to my brother without my knowledge. But there is a existing home loan on the property which is getting over next month. I have financially helped them building the house. Now I want take my share legally.Was transfer of property by my father without the permission of lender is legally valid.Now i want to legally claim my share of property should I do it before the loan closes or can I do it later. Kindly suggest


Asked on 6/04/14, 8:31 am

2 Answers from Attorneys

you can file a civil suit against your father and brother challenging the gift.

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Answered on 6/04/14, 9:19 am
Fca Prashant Chavan Expert Edge LLP

05.06.2014

Dear Sir / Madam,

If the property is in your father's name, it is well within his right to gift it to your brother. At most, you can ask them to return back all the amounts you have invested in bu9lding the house, to you.

Regards,

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Answered on 6/05/14, 3:44 am


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