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  1. I paid the home loan, my father invested ₹30 lakh, can my sister claim a share in our house?

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I paid the home loan, my father invested ₹30 lakh, can my sister claim a share in our house?

balwant jain

4 min read | Updated on October 30, 2026, 13:21 IST

SUMMARY

Find out whether your sister can claim your father's share in a jointly owned house when you are repaying the home loan and your father funded the purchase.

can my sister claim a share in our house

In case of your demise in future, your wife and children will be entitled to your share in the property to the exclusion of your sisiter.

Buying a house is often a shared family dream, with different family members contributing in different ways. But what happens when a property is jointly owned by a father and son? Things can become complicated when there is also a daughter in the family. Can she claim a share in the property in the future? Does the son's repayment of the home loan give him a stronger ownership claim? And what happens to the father's share after his death?

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Today's Q&A explains such details in response to a query by a reader.

Question: Me and my father are joint owner of a 2 BHK house. I took 15 lakh of home loan which is still running and which I alone is serving. My father contributed ₹30 lakh for the house. I have one sister. My mother is also alive. How about my sister's legal right to claim her share in future? I am married and have children.
Answer: Just because a property is purchased in joint names, each of the joint owner does not become entitled to equal share in the property. The ratio of beneficial ownership of each of the joint holder is dependent on the amount contributed by the each joint owner towards cost of the property. If any of the joint holder of the asset has not contributed anything, he/she does not own the asset as beneficial owner though even if he is named as joint owner in the documents.

Presuming that you did not contribute anything towards down payment but only undertook to service the home loan of ₹15 lakh alone whereas your father has paid for the down payment, stamp duty and registration aggregating to ₹30 lakh, so the ratio of you and your father’s in the ownership of the property is 1:2

As far as the right of your sister to claim any share in the property in future is concerned, as long as your father is alive she cannot claim any share in the house. Even after the death of your father, she cannot claim any share in the property if your father has made a valid will and has bequeathed his share in the house to someone else to her exclusion.

Your sister will be entitled to claim proportionate share in the property if your father bequeathed this property to her solely or otherwise. I have assumed that you are a Hindu and thus governed by the Hindu Succession Act, 1956. When a Hindu male dies intestate i.e. without leaving a valid will personal assets owned by deceased pass on the legal heirs as per Section 8 read with schedule of the Hindu Succession Act, 1956. Wife, mother and children are treated as class I legal heir as per the Hindu Succession Act, 1956.

So in case your father dies without leaving a valid will, your sister will automatically inherit some share in the house property. Her share will depend on the number of legal heir of class I alive at the time of death of your father. In case your mother is alive at the time of your father’s death, you, your sister and mother, each one will inherit 1/3 share of your father’s 2/3 rd share in the property.

Presuming that your grandmother is not alive at the time of death of your father. In case of your demise in future, your wife and children will be entitled to your share in the property to the exclusion of your sisiter.

Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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