Can i ask for property documents
youngbro
(Querist) 08 October 2017
This query is : Resolved
Hello sir/madam-
We are 3 siblings , I m youngest one living in USA, my dad expired in 2001.
I used to send the my earnings to my family for 5 years, they used that money to buy plots and homes in Hyderabad but now they are denying me the share and not showing how many properties they purchased. I came to know thru relatives that my mom is tranferring the properties to my sister and brother. What can I do, how can I know how much my mom has they are not giving me any documents related to plots or homes. They are jealous that I m in USA .
Rajendra K Goyal
(Expert) 08 October 2017
You have no claim on the property which is not in your name.
Try to have amicable family settlement.
Guest
(Expert) 09 October 2017
@ Rajendra K Goyal,
Vague reply!
On what ground you have stated that the querist will have no claim, if the property is not in his name? Can you clarify for his information, why he cannot claim his share, if the property is found to be in the name of his deceased father?
Guest
(Expert) 09 October 2017
@ YoungBro,
If jealous of your being in USA, they must be having some expectations from you, which you would have failed to fulfill.
Secondly, about property, probably you are trying to assume that property was purchased by your funds, sent earlier by you, if you are not sure, which plots and homes they purchased with your money and on whose name the property would have been registered.
Thirdly, about property documents, you cannot compel them to handover the papers, even if property was purchased with the money you remitted.
There are several sources to know and get copies of property documents, but the ways are means are quite cumbersome, expensive and time taking, but before that you will have to decide, whether after adopting the ways and means, would you be able to devote your precious time to pursue the litigation in India, as the case cannot be filed in USA.
If every such thing is convenient for you, everything will have to be in a very planned and systematic way. In that case first and foremost thing will be, for being fully aware of the ways and means you will have to discuss the complete detail with some fully competent expert on property matters and to work accordingly before you go for raising any dispute with your mother and siblings or resort to litigation against them.
Rajendra K Goyal
(Expert) 09 October 2017
The person has send money from USA, he can show it loan and can recover as loan provided limitation is left.
Property is not in his name, he has no claim on any property belonging to third person.
Guest
(Expert) 10 October 2017
@ Rajendra K Goyal,
Before stressing on your point, "he has no claim on any property belonging to third person," probably you have not read the question properly, where the querist has stated that his dad expired in 2001, and also I raised a question, whether he will still not be able to claim his share as a legal heir of his deceased father, if the property happened to be registered in the name of his father.
However, if he cannot claim his share, why he cannot should also be clarified by you. Simply stating, that "he has no claim on any property," makes no sense and also does not indicate any expertise in property laws on your part.
Guest
(Expert) 10 October 2017
@ Rajendra K Goyal,
Still further, your statement that the person sending money from USA, "can show it loan and can recover as loan," is quite a vague statement.
Leave aside limitation law, at least you could have applied common sense, as to how that would be possible for him to show the amount of loan against his father after more than 17 years of his death and how the querist can recover from his deceased father? The most ticklish question for him would be how he would be able to revise his tax returns to be submitted to the US Authorities and with what justification after 3-4 decades of the events.
If you are a real expert, I request you to make some sensible proposal, while making your post, instead of continuing with the same old habit of making only vague, irrelevant and misleading posts.
Guest
(Expert) 10 October 2017
Law may not be able to provide you any help in the absence of some definite proof about your assumptions. Some definitely sustainable evidence is a must to establish your claim over the properties, while you don't know whether properties were purchased or not and in whose name. Better apply your resources to collect adequate evidence in support of your statement before venturing to proceed legally, if desired.
