Apni Law Staff asked 2 years ago
Two sisters and their brother jointly purchased a flat in Thane in 2003 and took possession in 2004. The brother was employed and financially contributing, while the sisters were not. To help cover expenses, one sister transferred money to her brother’s account. The other sister, unable to earn, also contributed to the flat’s installments, with the money transferred from her sister. Roughly, the brother and one sister contributed equally towards the flat’s payments.
However, disagreements arose between the siblings, leading the sisters to file a legal suit in 2015 seeking ownership rights and a court order preventing the brother from interfering with their possession of the flat. They are currently residing in the flat, and one sister is recognized as a co-owner alongside the brother.
Can the court grant an injunction against the brother, and if so, on what legal basis? What are the grounds for declaring ownership rights in this situation? Relevant legal precedents would be appreciated.
Best Answer
Apni Law Staff answered 2 years ago
The court can grant an injunction against the brother based on the sisters’ possession of the flat and the legal basis of their ownership claim. The sisters can claim ownership based on their contributions, either directly or through their sister, and the principle of joint tenancy, which presumes equal ownership in the absence of a specific agreement. Relevant case law includes **Rashid Ahmed v. Mst. Anisa Begum (1977) 4 SCC 293**, which emphasizes the importance of contributions to establish ownership rights in joint property.
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