Co-borrower in home loan with father now others are also asking share
27-Nov-2023 (In Property Law)
Iam a co borrower in home loan with my father.after my fathers death my brothr and sister file suit for equal share. In same property. Hindu
Under law all the legal heirs can claim right in the property which is the name of your father, but in Court you can argue and prove to the Court that though the property is in the name of your father but the entire money for the purchase of flat was paid by you. Further if the property is in the joint name of your father and yourself then your brother and sister alongwith you, can claim to the 50% share in the property belonging to your fathers name and the balance 50% of the property is already in your name. But it all depends on the nature of transaction.
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Details furnished are not sufficient to form any opinion. Are you only a co borrower or a co owner also, need clarity on this aspect and also the source of funds for acquiring such property. Please be clear on the above mentioned aspects.
they can get rights in flat limited to fathers 1/2 share and not in your 1/2 share. you are the 1/2 owners of flat as per sale deed while your father also 1/2 and your brother and sister can only claim 1/2 share in flat as a legal hairs and you as well as your mother also legal heirs so they can get only 25% share in flat if your mother is still alive
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