Legal Question in Real Estate Law in India

My father had purchased a land in 1996 and thereafter he started building a house on it. Post his retirement, he asked my elder brother, who is in Govt service, to take a house loan for completion of the construction and hence, my father transferred the said property in my brothers name so that he could take a loan, however he did not take any loan and later, my father only completed the 3 storey building with his own money. However, till date the property is still in the name of my brother. Now, my father wants the property back as he wants to donate a small portion of the property among all his 5 children i.e 2 sons and 3 daughters, which my brother is opposing to. Since the property was transferred in the first instance to facilitate my brother to take a loan which he did not take, the entire property was developed by my father and hence, is there any way in which this property can be rightfully returned to my father from my brother? Regards


Asked on 10/31/13, 7:24 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.10.2013

Dear Sir / Madam,

In case your brother objects to transfer of the property in the name of your father, you will have to resort to Court action to restore the property in the name of your father.

Regards,

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Answered on 10/31/13, 7:33 am


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