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house as family inheritance registered in sibling's name - Muslim inheritance

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asked on Apr 13, 2016 at 21:53
by   nadalutfil
Upon his retirement in 1973  my father bought a house vide bank borrowings (under the name of my siblings). As my siblings were not able to meet their financial obligations,in 1979 I took over the responsibility  by utilizing my staff housing loan. The property was  subsequently transferred to my name. My parents had stayed in this house since 1973.

However in 1986, as my housing loan entitlement had increased and I wanted to buy my own house I was forced to 'sell' the house to my sister (this is part of the terms of the staff housing loan - the first house would have to be sold to others not including spouse and parents) and to finance the remaining balance of the loan I had applied for a housing loan with another bank. The named borrower was my sister and the property was registered under her name. My parents had decided that she held the property in trust for her siblings. There is no will or trust documents.

As it was not an arms length transaction the sales consideration was only 1/4 of the market price. I had to continue paying the bank loan despite the loan being under my sister's name. That was my arrangements with my parents. 

Both my parents are no longer around (my father passed away in 2009). The loan fully paid and the house is free from encumbrances. 

The registered owner of the house is Miss X (my sister). I had also caveated the property.

There was an interested buyer to the property - but my sister sort of not agreeing to give us our fair share of the proceeds. As she is the registered owner she thinks she can do what she likes.

Attempts to discuss this matter amically had failed. What are our options. 
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answered on Apr 16, 2016 at 03:54
by   jeff005
Personal Opinions for discussion (not answer)
1. How many siblings is involved?
2. You have paid for all the installments, do you have proof?
3. Can you prove it is 25% of the market value at point of material time?
4. Who is having physical custody of the house now?
5. This does NOT fall under "inheritance" as she is the official borrower and owner.
6. Is Miss X been working all the while and in a position to service the housing loan?
7. Did you consult an experienced lawyer? If yes, what did he/she says?
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