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Father paid for property in grandmother's name can he claim property


29-May-2023 (In Property Law)
My Father assisted his mother on buying a land and building a house (he paid around 95%, has documents of financial transaction done by him). Later he registered the house on his mothers name.His Mother is a widow and do not have any financial support from any source. My father is eldest son of the family and was taking care of the family expenses. He has two blood brothers who were young and unemployed at the time of theses transactions. Recently his mother died without writing any will. Pls clarify what will be his position of claim on the asset ? Can he claim full part of his invest ?
Answers (1)

Answer #1
677 votes
The question is not with all details and it needs so many relevant details to answer appropriately. Whereas to answer the query with the above information, he will be considered as one of the share holder in the property, as he is one among the legal heir of his mother.

I would like to know further details, for example:

i) In which year the Sale Deed has been registered?

ii) What is the mode of transaction for his 95% payment of sale consideration amount (Cash or Cheque or Demand Draft or any other)?

iii) You have mentioned that his two brothers were young, whether they have attained their age of majority at the time of registration?

iv) Is there any clause mentioned in the Sale Deed, regarding whether your father has paid 95% of sale consideration for purchasing the said property? You have mentioned that he paid around 95% of consideration amount, it is not clear that he had paid only for buying the LAND or also for BUILDING the house in the said land or in another property?

v) Is there any bills and receipts in your Father’s name, regarding the purchase of materials for building the house?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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