Family law
cutesmile
(Querist) 26 December 2013
This query is : Resolved
X (senior citizen) has booked a flat jointly with Y (daughter) and Z (daughter). Y is married to a muslim (before booking the flat).
Y is now demanding her share in the property.
She is also harrasing X and demanding money.
X is my client. Pl advice that what all actions can be taken against Y.
P. Venu
(Expert) 26 December 2013
Is not demanding one's share in property an ordinary right?
malipeddi jaggarao
(Expert) 26 December 2013
Since X has booked the flat jointly with the daughters, the daughters have their right in the property to the extent of their share.
As regards harassing for money, it is for the X to avoid such situations. Once he settles the property issue, he can wash-off his hands and ask his daughter to stay away from him without giving any scope for harassment.
Devajyoti Barman
(Expert) 26 December 2013
Since his daughters have share in the property, they have every right to claim for it.
You can give money in lieu of their share to get rid of their name or file a suit under Benami Transaction Act which however would take years of time to conclude.
ajay sethi
(Expert) 26 December 2013
Y has 1/3rd share in flat . pay her share .
Anirudh
(Expert) 26 December 2013
If X can prove that the entire money was paid by him and only in view of love and affection he had included the names of his daughters, he can succeed in denying the alleged share of the daughters in the property.
V R SHROFF
(Expert) 26 December 2013
CANCEL BOOKED FLAT
LET BUILDER RETURN THE AMT, to bank, the cheques were issued..
issue indemnity , if builder insist , to pay only X
P. Venu
(Expert) 26 December 2013
Is marrying a person of another faith a ground forsaking love and affection?
Adv. Chandrasekhar
(Expert) 26 December 2013
More details are required to give precise decision. If Y is in good financial condition and despite that harassing X, and X cannot dispose of that property for various reasons including that he is at present living there, he can resort to senior citizens Act where in restrictions are in place to protect the senior citizens from the dispossession of their property.
Adv. Chandrasekhar
(Expert) 26 December 2013
Mr. Venu, please do not give communal colour. He said in his first post that marriage took place earlier to the booking of flat.
P. Venu
(Expert) 26 December 2013
Then he need not have mentioned it at all!
Rajendra K Goyal
(Expert) 26 December 2013
Daughter has right in the property.
Try to settle the matter amicably.
If not settled amicably agree with the advise of expert VR SHROFF.
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
An amicable settlement is always a better solution because Y cannot be denied her share in the property and the legal consequences upon such denial will be a tough thing for the senior citizen who would have lost his vigour and energy by now to give a stiff challenge over a losing battle.
M V Gupta
(Expert) 27 December 2013
The querist has stated that X had booked the flat. This implies that the agreement for sale or sale deed is not yet executed. If this is correct X should merely cancel the booking or alternatively ask the builder to cancel the name of Y from the allotment letter.
ajay sethi
(Expert) 28 December 2013
you are a lawyer . you must have gone through the agreement entered into by builder with X and daughters . whether sale deed has been executed by builder . please clarify .
