false claim on property
exdefenceofficer
(Querist) 17 July 2011
This query is : Resolved
My elder son had purchased a flat in year 2000 after taking a loan from Bank and is paying regular EMI from his Bank account. He has allowed his younger brother with his wife to stay in this flat without rent on an oral understanding to vacate it whenever he wants it back. This was done due to excellent family relations. In Feb 2011, my elder son requested his younger brother to vacate the house which he readily agreed and told his wife accordingly. The wife of my younger son on the advice of her brothers tried to convince her husband (i.e. my younger son)that he should not vacate the house and they will claim its ownership since he has paid around Rs 12 lacs to my elder son from 2003 to 2008 through his Bank account. I would like to make it clear that my elder son has paid his younger brother Rs 12 lacs as a loan in the year 2001, to enable him to purchase a business. My both sons have not entered into any written agreement about this loan and my elder son told his younger brother to repay as per his convenience which he paid from 2004 to 2009 by cheques. My younger son refused to be a part of this dishonest conspiracy by his wife & her brothers. He however did not vacate the flat and my elder son therefore took the advice of an advocate to get flat vacated. The advocate adviced him to file a suit in delhi high court since value of flat is over 40 lacs. The case was filed in delhi high court. To our surprise, no notice was given to my younger son and he had no idea about this case whereas his wife along with her lawyers and brothers presented themselves in the court, and made a request to implead her in the case claiming that she (~wife of my younger son) is the owner of the flat. The original registered documents in the name of my elder son are in the safe custody of Bank as security.
Q1): Can the wife of my younger son and her brothers, stake the claim on flat of my elder son based on the payment made by my younger son to repay the loan of Rs 10 lacs to my elder son.
Q2) My younger son's wife had made a false claim in the court that firstly in year 2003 at the time of purchase of flat, a verbal family-agreement was made between all concerned that the flat will be given to my younger son and his wife, which is not true.
Secondly they also have made a claim that a written family agreement was reached between both my son's which was signed by my wife, and the cousin brother of the wife of my younger son as witness, and she further stated that she does not have the copy of this written statement because only 2 copies were made and one each is held by my elder son and younger son. The fact is that no such family agreement or settlement was reached and there is no question of there being any copy with either of my son's.
Q3) Based on above facts, can my younger son who is as of now very honest and her wife in collusion with her brothers, claim flat of my elder son. May I please have your advice.
The case will come up in court shortly.
R.Ramachandran
(Expert) 18 July 2011
Have you got sufficient proof - by way of bank statement etc., - in regard to the Rs. 12 lakhs given by your elder son as loan to your younger son in the year 2001? If so, then your elder son will be in a position to prove that whatever payments that he received subsequently during the years 2004-2009 from his younger brother are nothing but repayment of the said loan.
In any case, since the property is in the name of your elder son, and it is he who is paying the EMI to the bank his ownership will not be in trouble. Even now, according to you, your younger son is not willing to be part of this sinister move. Therefore, since the suit has been filed against him, he can come out clean and support his elder brother and say what is the truth (am I too naive?).
In any case, the case has to be fought basically on facts, through your lawyer.
exdefenceofficer
(Querist) 18 July 2011
dear sir,
thanks for your kind reply. Pls also guide me regarding the non-existent family agreement which the wife of my younger brother claims that it was made in 2 copies, and that one each is held by my 2 sons, and that she does not have any copy of the same. The fact is such agreement was never made. Details of cheques through which my elder son gave rs 12 lacs to my younger son is available with us. Is it possible that they could have made a false agreement, an copy held with them, and not disclosed to court at this stage.. best rgds, ex-defence officer
prabhakar singh
(Expert) 18 July 2011
Q1): Can the wife of my younger son and her brothers, stake the claim on flat of my elder son based on the payment made by my younger son to repay the loan of Rs. 10 lacs to my elder son.
ANSWER IS NO,EVEN IF IT IS PROVED AS LOAN FROM YOUR YOUNGER TO ELDER NEITHER YOUNGER NOR HIS WIFE CAN CLAIM IN TITLE OF HOUSE WHICH IS EXCLUSIVELY IN NAME OF ELDER AND BROTHERS OF WIFE OF YOUNGER ARE COMPLETELY HAVE NO CONCERN.
Q2) My younger son's wife had made a false claim in the court that firstly in year 2003 at the time of purchase of flat, a verbal family-agreement was made between all concerned that the flat will be given to my younger son and his wife, which is not true.
IT SHOULD BE DENIED,IT DOES NOT HAVE ANY FORCE OF LAW EXCEPT A LINGERING TACT TO PROLONG SO THAT FREE LUNCH MAY GO ON.
Secondly they also have made a claim that a written family agreement was reached between both my son's which was signed by my wife, and the cousin brother of the wife of my younger son as witness, and she further stated that she does not have the copy of this written statement because only 2 copies were made and one each is held by my elder son and younger son. The fact is that no such family agreement or settlement was reached and there is no question of there being any copy with either of my son's
DENY IT TOO.
IF YOUR YOUNGER SON APPEARS IN COURT AND ADMITS FACTS AS THEY ARE THE HOLD WOULD BE OVER IN A DAY.
Q3) Based on above facts, can my younger son who is as of now very honest and her wife in collusion with her brothers, claim flat of my elder son. May I please have your advice.
NO HE CAN NOT BUT CAN CERTAINLY DRAG THE HANDING OVER OF FLAT.
exdefenceofficer
(Querist) 19 July 2011
Dear Sir,
Extremely grateful for your kind reply which has really bolstered my confidence in this case.
After the filing of this case in the hon'ble high court, now the wife of my younger son has filed a new suit with the lower court repeating the same arguments about the flat along with some other family harrassment charges.
Q1) Will this new suit in the lower court have any effect on the case already file in the delhi high court? or can it delay the proceedings in the high court?
Pls shed some light on the matter.
Rgds,
Ex-defence officer
