LawRato

One of the joint owners forcing to sell the property


20-Nov-2023 (In Property Law)
Sir, I have a flat in Mira Road which is in my name, father name and mother name. Now my brother is asking for his share as he wants to stay seperate. I am individually paying home loan and the loan is still on. He is forcing us to sell property and give his share. I said I will not be selling flat but may be in future when I will sell I will give your share. I have to look after parents, my wife and child and we have only this flat to stay As we three are joint flat owners , can he do anything legally Please advice
Answers (3)

Answer #1
970 votes
Dear sir
While purchasing the flat how down payment is made and from who’s account? whether your father and mother contributed the downpayment at the time of booking the flat?
secondly who had applied for loan?
Has taken loan is it jointly sanctioned considering your father and mother’s income or the loan is sanctioned on your name only?
This has to clarify to give you perfect solution.
kindly make it clear following points.
>> From whoes account Booking was made?
>>Who had applied for Home Loan?
>>From whoes account EMI Cheque issued?
>>Why Co-owners were added?
All these queries has to be answered for getting perfect advice.
Thanks
Helpful? LawRato LawRato
Answer #2
701 votes
Dear client, no your brother cant do anything bcoz he has no authority to do anything as he doesnt have any ownership right in that property.
Dear client, no your brother cant do anything bcoz he has no authority to do anything as he doesnt have any ownership right in that property.
Helpful? LawRato LawRato
Answer #3
738 votes
You have a flat in Mira road which is your and your father and mother name. Your parents are alive .your brother can not sell the flat h. Your parents are living with you. He can not take any legal action. Your parents has right to live in their house.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

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