Want to sell or seize house propety

5 years ago

There is a home in my mothers name in odisha. I am the youngest son. I am paying EMI for the home since 2012. My elder brother is getting rent from the house since that time and i did not ask anything because he has less source of income. My father is getting retired this month and i have promised one relative from whom i had taken some amount to built the house and to pay in from my fathers retirement amount. Now the situation seems my father won't give anything.My mother and me want to sell the house. what are the obligations?Please suggest.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Your mother is the legal owner of the house.
She has the right to sale the house/property.
After selling the property/house, repay the loan taken either from
the relative or other persons.After clearing the dues, divide the balance
according to the investment made.Simple.
Shanti Ranjan Behera
Advocate

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
If the house stands your name and even otherwise you can approach Civil Court and get a stay order against all other members of the family restraining them from selling the property.

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Ambrose Leo

Responded 5 years ago

A.You have to contact a local lawyer from the panel of Vidhikarya to take up the issue quickly.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client As per your Your mother is the owner of the house and if she agrees you can sell that house

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Gopal Bansal

Responded 5 years ago

A.Dear concerned,
The property is registered in your mother's name. Hence, she is the lawful owner of that property and able to sell the same as and when she wishes to do so. For more information, kindly contact a good legal practitioner from the Vidhikarya platform having expertise in property matters.

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sistla ramakrishna

Responded 5 years ago

A.When the property is in your mother`s name, you and your mother need not jointly sell the property, your mother only will sell the property. Purchaser will look out the E.M.I. after purchase and you should disclose the same to him and insert a clause about payment of E.M.I. by him in the Sale Deed.

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Mayank Agarwal

Responded 5 years ago

A.Avail the best and the most suited solution to your query from our forum - "Opinion@99/- (http://takeouropinion.com/ask)"
Further for more clarification, kindly logon to www.takeouropinion.com”.

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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir if property registered on Ur mother's name then no one can prevent you. Sale it

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Junaid Ali Khan

Responded 5 years ago

A.Your mother is the owner of the house if she agrees you can sell it off.

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Nirmal Chopra

Responded 5 years ago

A.The property stands registered in your mother's name.Therefore she is the lawful owner of the property. If the property has to be sold permission has to be sought from the bank or financial institution from which loan has been taken to sell the property since EMI are being paid. In the event of default in payment of EMI , the charge will be against the property and not against you as it is the property which is mortgaged and not your assets.

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Vishwabandhu

Responded 5 years ago

A.Dear Client House is on your mothers name so she is the owner of house so she can sell it but as this house is mortgaged in bank for loan then first pay all the loan amount and get no dues certificate from bank. In the same way pay all property tax and other dues and there after your mother can sell it.

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Ashutosh & Co

Responded 5 years ago

A.There is a no bar to your mother to sell the property unless untill if bank loan is paid

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