Indian Law/Property Right - Son and Father co-owner
Sir, I am looking for your expert advice. I have bought a flat in Pune in 2005. I took home loan amounting 6 lacs and rest of the down payment was made by my father. The amount was 3.22 lacs. At that time father verbally agreed that the amount he paid is a gift. But he insisted to put is name as a co-owner. I have closed the home loan in 2012. After closing the loan my father asked me to sell-off the flat and give him 50%. I was opposed his decision back then. Not for the percentage. Now I would like to sell-off the property but he is telling me now he will give only amount I put in that is 6 lacs not 50% of the property value. I have tried to settle this dispute by mutual agreement, but he is not ready to talk.
What can be done in this case? What are my legal rights?
Govardhan: Thanks for your referral.
You and your father are joint owners of the flat. Therefore, both have a right to the benefit that has arisen out of the investment in the ratio or proportion of each of yours original investment.
To give example, if the original value of the flat was Rs. 9.22 lacs (say Rs.6 lacs of loan taken by you and Rs.3.22 lacs given by your father) then your share in the flat is 65% (6/9.22x 100) and your father's share is 35% (3.22/9.22 x 100). If the flat is now getting sold at say Rs.50 lacs, then it would be fair and just that you should get 65% of it i.e. Rs.32.5 lacs and your father should get 35% of it i.e. Rs.17.5 lacs.
Suggest to explain the above to your father and best negotiate and settle the matter amicably. If amicable settlement is not happening, then you have to file a suit in the court of law for partition of joint property and am sure a court would rule on the above lines. You may in the course of your negotiation, elaborate this to your father stating that if amicable settlement is no happening then you will have no option to file a suit, which would be a time consuming procedure coming in the way of selling of the flat and would delay receipt of money for you both. Am reasonably sure, if you explain this properly to your father, an amicable settlement can take place solving the situation.