Legal Question in Wills and Trusts in India

Claim on Property

Me and my brother have booked an apartment year back from a reputed builder. The booking is in his name. That time he was single. I am also single. But during course of one year he got married. We have taken loan and my brother is primary applicant, whereas I am co-applicant. I have also made initial investments and some investment from common account has been made for purchase of this house. I wish to know the following:

1.Can the house be registered in both my brother�s and my name jointly? Since the booking of house is in his name only.

2.If not, can he nominate/ make a will in my name?

3.In that case will his wife have any claim on this house?

To avoid a situation where his wife anytime in future may not put up any kind of claim on this property what actions should be taken now.


Asked on 3/08/08, 8:48 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Claim on Property

1)Yes registration can be made jointly.

2)Will can be made in your favour by your brother.

3)no

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Answered on 3/13/08, 10:24 am
Nandita Haldipur Haldipur Associates

Re: Claim on Property

you can get the flat registered in joint. instead of will better to get it registered in joint name

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Answered on 3/09/08, 11:37 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Claim on Property

The answers to your queries are as below :

(1) Yes the property can be registered in both names i.e. you and your brother.

(2) Yes the will can be executed in your favour.

(3) This property is self acquired i.e. by the way of your indivudual funds so there is no point that their will be any claims or litigation.

In case of need please contact with details.

Professional charges are applicable.

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Answered on 3/10/08, 5:58 am
G. M. Gupta gmguptaandassociates

Re: Claim on Property

there are many permutations and combinations that can be worked out but i can not tell all things in this brief answer.

meet some good property lawyer and ur problem will be solved for sure

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Answered on 3/08/08, 9:22 am
Vivek Mapara Vivek N. Mapara

Re: Claim on Property

Sir,

1) Yes house can be registered in both name of ur brother and you.

2) Yes will can be made in ur favour, to bequth the property in ur name.

3) If there is will, and since the property is purchased from individual funds, then there is no question of raising any claim, otherthen challenging the will.

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Answered on 3/08/08, 11:18 am

Re: Claim on Property

1. Yes,if the house is booked in joint name then sale deed shall be in joint name.

2.yes.

3.No.

for rest consult with details,professional charges are applicable.

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Answered on 3/08/08, 11:53 am


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