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Query regarding share of property rights


28-Dec-2023 (In Property Law)
I am a married Christian woman. My mother is retired who has decided to sell her flat and buy a new flat along with my elder sister (also married). Each of them will be paying 50% of the cost. My mother would be giving the money she received from her old flat whereas my sister would be taking a loan. Now we have to make a affidavit stating that after the death of my mother her share i.e. 50% would be divided between my sister and myself. However, my sister says that the interest she is going to pay in EMIs also should be considered. If so the my mother share would stand at 43% instead of 50%. Is it legally correct for her to consider the extra interest she would be paying over the years?
Answers (1)

Answer #1
668 votes
This is my response to you:
1. First of all your aunt is procuring the loan, the burden is on her to make the payments;
2. The share will be 50% each and not less or more;
3. This will make them joint and equal owners;
4. With respect to the affidavit, your mother should rather opt for a WILL;
5. Consult a local lawyer with full facts and take steps.
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