Cheating during transfer of property
Suraj Kumar
(Querist) 30 May 2021
This query is : Resolved
Sir,
My father purchased a land in his name around 30 years back.
I have constructed a house on the land with his consent jointly ( approx 30 % by father and 70%by me) around 20 years back.
Now my father wants to transfer the total property in the name of my brother.
I am still residing in that house.
My brother reside in a separate house which which was purchased in the name of my mother (dead).
My father and my brother repeatedly pressurise and threatened me to vacate the house where I reside.
At the same time my father asked huge money form me for equal partition for the land owned by my mother ( dead).
Myself repeatedly tried for amicable settlement, but they didn't agree for any peaceful settlement because my earnings is more than my brother.
Sir,
Want should I do ?? Please guide..
Awaiting for
Dr J C Vashista
(Expert) 31 May 2021
Since your father is the titleholder (owner) of his self-acquired property, he can transfer it to any one of his choice, irrespective of the fact who has financed for its construction.
At the most you could have filed a suit for recovery of the amount spent for construction, which is stated to be about 20 years back, hence barred by limitation.
Sankaranarayanan
(Expert) 31 May 2021
Why your father take such hasty decision? state the facts. What is your brother reaction? you can find way for amicable solution if any possibility .
Suraj Kumar
(Querist) 31 May 2021
My father claim half of my income as a return which he was invested since my birth. I am not in a position to pay half of my income.
Advocate Bhartesh goyal
(Expert) 31 May 2021
I endorse the opinion expressed by Dr.J.C.Vashista also advise to file partition suit for the property belonged to your mother since you are one of her legal heir and your mother died intestate.It will create pressure on your father and brother and they may agree for settlement.
SHIRISH PAWAR, 7738990900
(Expert) 31 May 2021
Hello,
Yes, file a partition suit in the civil court as the land is owned by your deceased mother.
P. Venu
(Expert) 31 May 2021
The facts posted suggest deeper issues. Please post complete facts.
Dr J C Vashista
(Expert) 01 June 2021
Thank you very much Goyal ji for agreeing with me.
The author has given two different versions of the facts in the post wherein in para 1 he has stated that his father is the owner of plot purchased by his father (in his own name) where the author is residing.
On the other hand in para 6 of the query the author has stated his father has demanded huge amount for equal distribution of land purchased in the name of his mother (dead).
What is the factual position is known to the author, which can not be presumed.
I agree with expert advise of Mr. Bhartesh Goyal to file a suit for partition, possession, mesne profits (if any) in the court of jurisdiction
It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
ashok kumar singh
(Expert) 01 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks
T. Kalaiselvan, Advocate
(Expert) 02 June 2021
I agree with the experts' views that a suit for partition claiming his share in the property that belonged to his deceased mother and who is reported to have died intestate, should be filed immediately to bring pressure on his father.
Besides the querist can issue a notice to his father for his constant pressure to vacate the house where is currently residing instructing him to refrain from indulging in such illegal activities and can mention that if at all he has to vacate then the father has to compensate the amount funded by the querist towards the construction of the building which is under his occupation with interest from the date of investment.
Let his father give a reply approach court, the querist can hallaenge his father's claim by producing the documentary evidences for the funds he invested towards construction of the building where he is currently residing.
