this happen in india
prajeshjani
(Querist) 08 July 2011
This query is : Resolved
my mom and my father got divocre by mututal consent in 1999 . we were handed over 22 lac
than .as per decree drawn 5 lac was for education 5 lac for maintennce and 12 lac for our house .The home was purchased but my nana (Mother father)who was also a caretaker as per decree purchased the house on his own name. he died in 2003 and all the other legal heir wanted a share in it. we have all proof that the house was purchased by own money (Bank draft reciept of the builder bank pass showing the entry for the same )
Devajyoti Barman
(Expert) 09 July 2011
This happens all over the world....if you can not prove the case then you loose the same.
Adv. Sunil
(Expert) 09 July 2011
As adviced by Arunagiri, get the suit filed for Injunction & go for Declaration...
Before that pls. clarify more as to about possession, payment of outgoings, heirs of nana etc....
aS PER SUCCESSION their heirs are secondry and you have the 1st heirship rights on the property....
Jai Karan Nagwan
(Expert) 11 July 2011
Now a days many judgements proceeds from sympathy, othereiwse in law you have no case except your mother share as copacener unless you are able to show that house was purchased by your mother's money. as advised above you are at liberty to file suit for declaration and injunction, but what is the groung for suit for declaration. Best suggestion speak to your Mama and solve this amicably, suit for declaration is last resort.
prajeshjani
(Querist) 12 July 2011
Dear Sir,
I have gone through all your suggestion and found it useful but would like to darw your attention
!) I have hand written letter of nana mentioning that 400000 taken from the account
i am also having the draft of state bank of hyderabad and bank pass book showing the detail and also i am having the reciept of the builder to whom the check was issued
and i can aasure u that i can easily prove that the money used for the flat was taken from our account
