Legal Question in Real Estate Law in India

Dear Sirs,

My Father has one Son(me), & two Daughter,

Elder sister was married in 1996,

We, ( My Father, My Mother, My Small Sister) use to resisde in a small house in mumbai

I was tried to buy a seperate bigger House but failed due to financial constraint,

Hence, My father decided to sell off our existing house and fund the new House.

My father contribution was around 90%,( from sale of existing house) and mine was around 10% for the new House

The new House is jointly registered in the name of Myself and My Mother

I didn't took any loan for new house, there was no capital gain either from the sale of existing house.

We are now staying in the new house, Includes my wife, My mother, My father, My sister

My younger sister decided to get married herself on her own outside the community against family wish,

The family have now decided to disown her due to her wish to get married outside the community

My elder sister is at not good term with us either, cos she defaulted around 4 lakhs which i gave her, but she refused to return

Now we have total of two property in mumbai

1. currently only residing residential ( jointly held in myself and my mother), funded 90% by my father

2. small property commercial ( only in name of my mother)

Im the only earning member in my family a mechanical engineer by profession and taking care of my family: My wife, My mother, My father.

My Queries

1) How to safeguard the two properties in my interest, My Father and My mother have agreed to give me all the property

2) How to safeguard the properties against my sisters, they are not in good talking terms and i'm afraid they might create problems in the future once my parents are not with us

3) Kindly give the procedures to ensure that the properties always belongs to me in future

4) My parents are totally supportive for me, as long as they are with me i want ensure and safrguard the property

Kindly Guide

Worried Soul


Asked on 11/15/10, 9:50 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

A soul is alway free of worries. Nainam Chindanti Shastrani Nainam Dehti Pawaka ....

1) How to safeguard the two properties in my interest, My Father and My mother have agreed to give me all the property

Father may write his Will, even if there is nothing else in his name where in he may just declare that he sold his house out of his own free will, and has purchased the property in the name of his wife who will be absolute owner . Or he may write a declaration in favour of his wife that out of his free will he has given the proceeds of his house to his wife so that she could purchase a new house in co ownership with her son to the exclusion of daughters.

2) How to safeguard the properties against my sisters, they are not in good talking terms and i'm afraid they might create problems in the future once my parents are not with us

Mother may write her will that so long as she is alive, she will continue to remain the owner of the house to the extent of 9/10 and after her the property will be inherited by ......

3) Kindly give the procedures to ensure that the properties always belongs to me in future

read answer 2

4) My parents are totally supportive for me, as long as they are with me i want ensure and safrguard the property

father can be a witness to the will of your mother

Read more
Answered on 11/16/10, 6:37 am


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