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Indian Law/Can my mother sell the house

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Question
I have purchased a plot on my mother's name in my hometown, since i was in US that time. Later on due to my mother's several requests i built a house on that plot with my younger brother's help. After that my mother and my younger brother staying in part of that and the other part rented it out. My question is whether my mother can sell that house without my knowledge as i stay in another place. I did not have any issues with their stay and taking the rent, my concern is how can i take the ownership of house on my name, so that they did not misuse.

Thanks

Answer
Sahoo: Thanks for your referral.

If you had paid for purchase of the plot, it really belongs to you even if it stands in the name of your mother. However the world does not know it and hence your mother can sell the plot and house on it to a third party since the plot is held in her name.

If you wish to take the ownership of the plot in your name then the easy option is to ask your mother to make a Gift Deed in your favour and transfer the property to you. The Gift Deed should be stamped and registered. Based on such Gift Deed, you can then get the plot transferred in your name in the land registry/ municipality records.

If your mother is not willing to do the Gift Deed, then you have to file a suit in the court for declaration of your ownership title to the plot, proving it was purchased out of your money and hence you are the real (beneficial) owner of the plot and your mother is merely a nominal (Legal) holder. This is time consuming. However once you file such a suit, you can quickly get a court order restraining your mother from transferring the property. It will solve your problem.

Suggest to consult with a reputed local lawyer, where the property is situated, with whom you may share this message and proceed accordingly.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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