Legal Question in Real Estate Law in India

Hi,
My only sister is a divorcee and stays with my parents with her two daughters since last 16 yrs. She has a flourishing business now.
My father has allowed to mortage our house for loans taken by my sister for the foreign education of her daughters and for her business. My sister is now not paying back the loan amount purposefully since last two yrs and the situation has reached a state when the bank can sieze the property.
My father now wants me to buy the house from him so that the loan amount can be paid back. I am his only son.
My worry is whether my sister can make a claim to the property after I buy the same. I have very scarce financial capabilities and dont want to get into any problems although I want to stand by my father at this hour of need.

Asked on 10/19/09, 11:18 am

4 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

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You can definitely do so.

Email: [email protected]

Answered on 10/19/09, 8:31 pm

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Shrichand Nahar S.V.Nahar, Advocate

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If the house property is a self acquired property of your father, he can sell or gift or dispose of in any manner the same without any hurdle from son, daughter, wife etc.

Answered on 10/20/09, 1:13 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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when you buy the house, you can also ask your sister to relinquish her share in that house. the document has to be registered.

Answered on 10/20/09, 1:47 am

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KAMAL GROVER

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you can buy the same but clear the bank loan through your cheques only and once your father sold this property to you then no one can claim the same. coz it is his right of survive.

Regards

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Answered on 10/25/09, 12:52 am

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