Bought property in mother's name. Now she is refusing to name it back.


Me and my father bought property jointly in my mother's name. She promised to name it back to me after a while. But now as i am asking her to give it in my name she is refusing the same and also not ready to make a Will. We are in total of 3 brothers. What can i do to get the property back?

Answer

You can either sue for the money paid for the house (and gains if any) or for declaration that you are the owner of the other half of the property.

 

Please note that you need to show that money was paid by you and she held the property as a trustee or in fiduciary capacity.

 

verify property documents in less than 7 days to secure a trustworthy transactions with the help of expert lawyers at LawRato


Answers (3)

Dear Sir,

You can either sue for the money paid for the house(and gains if any) or for deceleration that you are the owner of the other half of the property. Please note that you need to show that money was paid by you and she held the property as a trustee or in fiduciary capacity.

Regards

Setu Niket
Advocate

verify property documents in less than 7 days to secure a trustworthy transactions with the help of expert lawyers at LawRato


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

In relation to your query. I found that, if she is not making a will in favour of you three or single one. In that case, you can file a suit for Benami transaction before the Court, wherein jurisdiction lies. because as per mutation (if already done before the registrar) she is the legal owner of the property. I suggest you please tell you mother to make a will in your favor or you can file a suit to recover the said property. Hence, you will not get your property.

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
22 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
6 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
26 years Experience

If the payment of the sale deed is given by mother from her acount then it's her property ,and she can transfer or cannot as per her wish,if you and your father have contributed the you can file a suit for declaration of title aganist her ,the court found with evidence then you can claim your share


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Sir, , actually we are 5 brother;s and sister's and may father is no more. The property is in the name of my late father. Now as i stated above th…

Read More

Mere dada ne marte waqt makan mere papa or chacha ke naam pe kya tha .mere chacha ne fraud kiya or unhone mere mere papa ko darakar 100 rs ke blank st…

Read More

Being an NRI i bought a land in Pune in 1997 and paid payment via bank transfers.Out of love n affection and some rules for NRIs i made my Grandfather…

Read More

we are all 5 siblings . we are two brothers and 3 sisters. we have a maternal property in which my mothers name is first 2) my name 3) my brother name…

Read More

Talk to a lawyer for your legal issue