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


18-Apr-2023 (In Property Law)

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?

Answers (4)

Answer #1
427 votes

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.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
838 votes
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
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Advocate Ritesh Isaac

Adv. Ritesh Isaac

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Answer #3
696 votes
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.
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Advocate Akhil Verma

Adv. Akhil Verma

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Answer #4
589 votes
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
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Advocate Setu Niket

Adv. Setu Niket

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