Dispute with father
maxmoon
(Querist) 13 April 2013
This query is : Resolved
dear sir,
I am a 30 year old lady.my father is a rich man.4 years back my father gave me 15 lacs as a gift to start my own business as i and my husband were in deep financial crisis.
now due to my fathers dispute with my husband my father has asking back for the money which we cannot pay and he knows that as we are financially stable to return such a high amount so purposely he is doing this to take revenge from my husband.I have 1 flat in mumbai (in my name)whos original papers were kept in my dads locker for safety of that imp document.
Now my father is not willing to return the original papers and says it will be given back once i return the money which he knows i cannot repay due to financial instability.can i procure a copy of those registration and stampduty papers as i am in need of funds and want to sell that flat.what should i do in this case?my father is acting really cruel...plz help
Raj Kumar Makkad
(Expert) 13 April 2013
Lodge a GD with the local police that those documents have lost somewhere and obtain the copy of GD and then obtain the certified copy of those documents on the basis of GD. After obtaining the copies, you can definitely sale the property which belongs to you.
Do this matter secretly from your father.
maxmoon
(Querist) 13 April 2013
what is gd?what reason can i give the police with regards to lost documents?
can my father do anything with the original papers i.e sell flat or something without my knowledge?
Raj Kumar Makkad
(Expert) 13 April 2013
GD means a General Diary of the police means like a police report. Loss doen't require reason. You lost during the traveling in your city or elsewhere.
Your father can do nothing without your signature.
maxmoon
(Querist) 14 April 2013
can my father suit me for recovering his money in this case.if yes, then can i tell court that i can give him the running business as my financial state does not allow me to repay Rs 15lacs
prabhakar singh
(Expert) 14 April 2013
When the money was given by your father as GIFT "(4 years back my father gave me 15 lacs as a gift to start my own business as i and my husband were in deep financial crisis.)"
The law about gift is this that the moment a moveable is handed and taken over between donor and donee,the ownership instantaneously passes from donor to donee.
Hence your father can not sue you for return of money gifted to you.
You have not told if it was a cash
or cheque advance as gift.
How you accounted it in your books? Anyway 04 years already passed there can not be any suit of realization even on false allegation of debt advance.
Lodging GD means Filing FIR in police station.You just need to make an application in writing addressed to the station in charge of a police station that
to get an xerox copy you were carrying the original sale deed dated....which you lost somewhere near(state place that lies in jurisdiction of that Police station where FIR is to be filed)and despite best efforts taken you could not get the same,hence have to report the loss(It may be any story of loss).
This is necessary because your prospective buyer can and shall ask you to hand over this original sale deed which you do not have then this FIR(GD)would fill the gap.
Your father can not misuse your rights to your flat just because of possession of the original sale deed unless you sign something or have signed in advance any blank paper and have handed over to him.
maxmoon
(Querist) 14 April 2013
sir,
what if,he makes a false allegation stating that the money was given to me was against my property? is there any time duration after which he cannot suit me?regarding the amount,half was cash and half was cheque which i have not accounted properly in my books due to my negligence....
prabhakar singh
(Expert) 14 April 2013
Anything or everything would be possible by him with regard to the flat only when this money was taken as loan from him and the original sale deed was deposited with him as equitable mortgage of the
loan advanced with covering letter.
One should tell facts as they are."IF" & "BUTS" i DO NOT like.THERE CAN BE NO END TO SURMISES.
YOUR THIS STATEMENT THAT "what if,he makes a false allegation stating that the money was given to me was against my property?"
SUGGESTS you want advice without disclosure of truth which may prove fatal to you as we assess things on information supplied by author.
While telling facts to a lawyer nothing should be concealed.You do not need to project your image.If you have killed some one tell frankly to your lawyer.He, under law, is in professional duty and can not disclose such information to others.If you do so,your lawyer can serve you even better.
maxmoon
(Querist) 14 April 2013
sir,
the fact is what i have told you.my ifs and buts come up coz i know what kind of person he is.he has done that earlier with people these kinds of games.....
prabhakar singh
(Expert) 14 April 2013
It is but natural that you being his daughter would know him much better than
anyone else except your mother.
And I can not be expected to know either of you.i have to simply judge things as you put before me.
The advice is based on facts feeded by you.
V R SHROFF
(Expert) 14 April 2013
Your father cannot demand money lended to u or ur husband before 4 years as it is out of Limitation.
You can either file GD, or execute Afidavit that Original Agr are lost/ misplaced and you failed to trace it.
OR
Ask Police to recover Doc from your father, as he have no right to retain it.
Choice is yours.
You enter into Registred LL Agr for 5 years with heavy Deposit of say 15L, and hand over the possession with POA for the Flat, so he can give almost 90% of Flat Value, Later try to get Agr & Register Sale Deed with purchaser.
Less Risk, and your purpose is almost served.
ajay sethi
(Expert) 14 April 2013
if you need funds leave and license is better option . get security deposit and regual license fees .
your father has helped you in times of need by advancing you rs 15 lakhs . he must be aware that you will try to sell your flat to help your husband finacially . he must not be parting with original documents of flat as he does not want you to sell the flat so that you have some finacial security . go and meet your father and try to arrive at an amicable settlement
Devajyoti Barman
(Expert) 14 April 2013
All have properly advised, nothing to add more
Take help of an advocate,
Raj Kumar Makkad
(Expert) 16 April 2013
Yes. You have been advised very well by all experts and now it is your turn to contact to your lawyer and move ahead as advised.
