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Property Registered under my name but written for distribution in will
25-Sep-2023 (In Property Law)
I have a property in Mumbai which was duly purchased by my father but from day 1 it was registered under my name. I have been paying the maintenance and also staying there. Now since my father passed away he mentioned in the will this property to be divided with my siblings. Now my question is that if the property has been registered under my name can my siblings claim? As per my lawyer if it didn't belong to the father or bear his name no one can claim it. Is it correct ?
This is my response to you:
1. As per the general law and rules of transfer of property nobody should get a share on your property till the time you are alive and after demise your Class I legal heirs;
2. Since it is in your name it cannot be divided and it is solely yours;
3. But one fact cannot be ignored is that your father purchased it;
4. If there is an documentary proof (receipt or acknowledgement) that your father purchased it and your siblings are in possession of that document, then you could face problems;
5. Since your father died, the siblings can file a probate petition and stake a claim on your property;
6. Though they will not have merits, but if there is a receipt of your father making the payment then there could be problems;
7. So better consult a local lawyer and get the documents verified;
8. Just to be on the safe side, let a lawyer vet your documents and then best legal opinion can be shared.
1. As per the general law and rules of transfer of property nobody should get a share on your property till the time you are alive and after demise your Class I legal heirs;
2. Since it is in your name it cannot be divided and it is solely yours;
3. But one fact cannot be ignored is that your father purchased it;
4. If there is an documentary proof (receipt or acknowledgement) that your father purchased it and your siblings are in possession of that document, then you could face problems;
5. Since your father died, the siblings can file a probate petition and stake a claim on your property;
6. Though they will not have merits, but if there is a receipt of your father making the payment then there could be problems;
7. So better consult a local lawyer and get the documents verified;
8. Just to be on the safe side, let a lawyer vet your documents and then best legal opinion can be shared.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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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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