kevin (sales man) 19 May 2011

cheated by my own brother and father

I have been working abroad since 2000, i used to send my earnings to my fathers account until i got married in 2006.Between 2000 to 2003 i had sent almost rupees 275000 to my fathers account.. My brother and father said they used those funds to buy a house for rs 13 lakhs in 2003 in their name along with a bank loan and with their own funds . Again in 2004 i sent rupees 162800 to my fathers account as i was a bachelor. In 2006 they sold the 13 lakh house for 21 lakhs. And Again they asked for more funds as they wanted to upgrade to a bigger house . Thinking that its for my own good (3 bedroom house) i sent rs 200000 in 2006 and they bought a house for 27 lakhs in 2006 and now the current value of that house is 90 lakh

Now i want to back and settle in india but my brother and father say i have no share in the house , if i want i can stay but but my brother says he will eventually transfer the deed in his son's name.

Also during my wedding my father in law had paid my father rs 450000 for wedding but later i came to know the whole wedding expense was only 230000 so the difference of rs 220000 was taken by my brother and father

Am feeling humiliated as my entire trust on them is shattered . I dont trust them anymore Is there any way to claim my rights or some share ??? I HAVE A WIFE AND DAUGHTER TO TAKE CARE NOW. Do i deserve a share or not???please advise

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 19 May 2011

You file a suit for general parition and seperate possession of your share. Your averment should show that it is joint family property you have also contributed to purchase the property and you will have to file an application as not alienate the prperty.

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kevin (sales man) 19 May 2011

Thanks mr.rajeev but i dont have proof of sending funds, as one account (my nre account authorised to my father) which was handled by my father in which my funds were deposited sometimes is closed already . But there is one account in his name which might be running, but i dont have proof of sending funds as my bank here cannot give me details for funds sent 5 years ago. I used to send funds in these 2 accounts

Is there a way to fight for my share???? how much share or percentage you think i deserve.????

Finally please tell me a lawyer who can handle this case and file a suit on behalf of me in my absence in india as i live abroad now. does it need my presence in india, its very tough for me leave my job and come for this purpose right now.

Ashwin Kumar (software engineer) 26 May 2011

Hi, I have some suggestion from my side. Do you have any bank statements in order to prove that you have transferred money to your father account. if yes, then there is a chance to get your share. Also u did a mistake, u should ask your father to register the house in your name. Also check the loan amount they applied. From that, you can tell that, you had spend money to buy this property.

amit patel (chemist) 07 June 2011

i buy a home in 2007 and registerd it to my own name.the price was 21lakhs in this i take home loan of 9.5laks from bank and 11.5lakshs my personal incomemy brother and sister claim that house buy from acentral property of my father.but i never took money from my father.they not have any document regarding this.can they claim??????????