A senior citizen wants to recover his money from son & daughter in law
Guest
(Querist) 18 November 2013
This query is : Resolved
Dear Sir
A Senior citizen wants to recover his money he paid to Buy his sons house, and both his son & Daughter in Law are ignoring him immediately since the house was bought in their names. Now after 10 years, he has come to know that they might separate. But why should a house that was bought by his money be divided among them in case they do so. The house is jointly in name of his Son & Daughter In Law, and the Senior citizen paid around 65% of value of house directly to Builder when the house was bought. He wants to recover his money acusing both his son & Daughter in law for not fulfilling their responsibilities. They just cut of all relations and never invited the Senior citizen & His wife after the house was bought in their names.
At least he wants the decree that whenever the house is sold Or if they go for separation either through mutual consent or through court , the senior citizen must get his part of money first when selling the house. But if possible he wants the house to be sold and money returned to him asap.
Please guide us course of action and what kind of lawyer can assist us in this matter to recover his part of money from house.
How to file the case in " Maintenance and Welfare of Parents and Senior Citizens Act, 2007ā€¯ ?
Thanks
Devajyoti Barman
(Expert) 18 November 2013
He can not get back his house but he is entitled to maintenance form his son.
Guest
(Querist) 18 November 2013
But what about this?
http://mrunal.org/2012/06/polity-senior-citizens-welfare-act-2007-salient-features.html
From Above URL:
If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare such property transfer null and void and return it to the senior citizen.
Guest
(Querist) 18 November 2013
We have proofs of all payment made by him directly to builder when the house was bought. But the house was bought in join names of son & daughter in law.
Rajendra K Goyal
(Expert) 19 November 2013
Repeated query:
http://www.lawyersclubindia.com/experts/A-senior-citizen-wants-to-recover-his-money-from-son-daughter-in-law-435286.asp#.Uor3TOKLq_J
Guest
(Querist) 19 November 2013
Dear Sir
Your reply is not clear. First you say he can only get maint. only. But when I post senior citizen act 2007 , you then say " go ahead and apply for it " !!.
Please let us know where Can he can apply for it? Is there any tribunal under which he can seek such relief. Since senior citizen paid the 65% of value of house when bought, can he now claim his money back even though the house is in join names of son & Daughter in law??
Thannks
Sudhir Kumar, Advocate
(Expert) 19 November 2013
you may be having proof of payment but the payment is for buying property for son and not for him.
He has no case for recovery.
prabhakar singh
(Expert) 19 November 2013
Sir Author : SUNIL DUDIA!
The property was purchased in name of son and his wife in which your contribution towards payment of consideration was 65%.
Even if you have proof there of, it would in law, be for worst against you, it is cash gift or for best it is a loan by you to them,realization time whereof has already passed.
So in my view you do not have any claim in the property but your right of maintenance
against your son is intact and can be claimed under the Act under reference or under CRPC s.125./or under Hindu Adoption and maintenance Act as per your choice.
T. Kalaiselvan, Advocate 
(Expert) 20 November 2013
If you have proof of paying the money to purchase the house, you can file a suit for partition claiming your right of legitimate share in the property in proportion to the payment made by you towards the purchase of the same. You cannot file a suit for recovery of money at this stage i.e, after passage of 10 years of time because it is barred by limitation.
V R SHROFF
(Expert) 20 November 2013
APPLY FOR YOUR MTN .
UR WIFE CAN CLAIM RESIDENCE UNDER DV ACT IN SAME HOUSE,
Guest
(Querist) 20 November 2013
do we have any option under "Maintenance and Welfare of Parents and Senior Citizens Act, 2007" where senior citizen can at leat claim share to the propery?
Thanks
Guest
(Querist) 20 November 2013
do we have any option under "Maintenance and Welfare of Parents and Senior Citizens Act, 2007" where senior citizen can at leat claim share to the propery?
Thanks
Nadeem Qureshi
(Expert) 20 November 2013
Dear Sunil
read the act carefully
Guest
(Querist) 20 November 2013
With respect to point 23 in Main act 2007:
23. Transfer of property to be void in certain circumstances :
(1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal
As per above..Since in this case Senior citizen sold his house to buy his son and daughter in law their house and paid 65% of value.. and since both of them failed to fulfill their responsibilities can the senior citizen ask for his share in property especially when he also has proof of the same??
Thanks
Rajendra K Goyal
(Expert) 20 November 2013
The claim in the property is not maintainable. You can claim maintenance.
adv. rajeev ( rajoo )
(Expert) 20 November 2013
If you have got proof, on that base you can calim your share. Whether your son had independent income when you paid the amount to purchase the property.
Guest
(Querist) 20 November 2013
yes the son was employed. house bought for 16 lac; 9 lac paid by senior citizen rest on loan being paid as emi right now.
Guest
(Querist) 20 November 2013
yes the son was employed. house bought for 16 lac; 9 lac paid by senior citizen rest on loan being paid as emi right now.
Guest
(Querist) 20 November 2013
yes the son was employed. house bought for 16 lac; 9 lac paid by senior citizen rest on loan being paid as emi right now.
Guest
(Querist) 21 November 2013
Okay one last query and we close it then:
one of you said above that legitimate share in the property in proportion to the payment made can be claimed.
What do you mean by that please? How and in what form we can make a claim? does it mean changing the registration of property to include senior citizens name ?
Please elaborate as to how we can put a claim to that?
Thanks
Devajyoti Barman
(Expert) 22 November 2013
your account is deleted..can not reply anymore.
