Money invested in father's property.
Bhanu Pratap Singh
(Querist) 20 July 2013
This query is : Resolved
Dear Sir/Madam,
I m 32 Years old living in Dehradun with my wife & daughter. Now a days working outsde of Dehradun for few months.
After 2 months of marriage in 2008 we (Me & Wife) left the house (Only Ground Floor was there at that Time) due to misbehaviour of my sisters & mother. In October, 2010 my Mother requested to come back to Home and brought us back and asked me to construct the First Floor and live there.
I have invested money in the land of my Father. I constructed First Floor with all my money, and I have taken Home Loan from the Bank for construction of F/F. My wife & my daughter are living in the F/F. My Dad, Mom and 1 unmarried sister living in Ground Floor. My father is Ill. My mother, Father, 2 Married Sisters now wants us to vacate the house. I am paying the monthly installments of the Bank.
I took Loan jointly with Father because Land is in the name of the Father, but in construction only I have spended the money. Now it is 3rd Year and construction is almost complete and we are living there.
I heared that my father has prepared a Will in the name of my Elder Married Siter. Most of the time she lives there only.
My father was a Patient of Brain Hamerage 6 years back and now physically weak and suffering from Cancer and Hospitalized.
My Elder sister is Threatening to my wife & Daughter that she will through us out of the house after the Father.
Kindly tell me that....
1- Can my Sister take any Legal action to get us out of the House if exists any Will?
3- Is the WILL valid if prepared when father is Hospitalized?
2- Can we ask for our Money with interest legally?
3- What actions my wife can take for my Parents & sisters Misbehaviour?
4- Can I get the money from Bank after auction if I stops to pay the Installments of Loan?
Kindly reply & Help me.
Regards
Bhanu Pratap Singh
Dehradun
Negi1212@gmail.com
prabhakar singh
(Expert) 20 July 2013
I SHALL REPLY YOU ONLY AFTER Mr.R.K NANDA'S REPLY.
R.K Nanda
(Expert) 20 July 2013
how my response is related to ur reply Mr.
singh.
Bhanu Pratap Singh
(Querist) 21 July 2013
Dear Sirs,
Please reply & help me.
Regards
Bhanu Pratap Singh
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
1. Yes, your sister can take legal action on the basis of the will.
2. You can challenge the will on the ground that father was not in condition to understand the contents of the will.
3. If the court orders you to vacate, you can ask for the money back from the sister. You can file counter claim in the suit she files.
4. What action Wife can take - depends upon the type of misbehaviour. She can proceed under domestic violence.
5. If you stop payment of instalment, the bank will auction the house. It will refund the excess amount only to the owner of the house. Are you the owner??
malipeddi jaggarao
(Expert) 21 July 2013
Well advised by Dr.Jyothi Vishwanath. This is the time for your to stand behind your parents when your father is not well. You being the only son, have the duty to perform towards your father. Ill-treatments alleged by daughters-in-law are based on misunderstandings. If you can not clear the misunderstandings, at least for the present stand behind your father and show your love and affection. As regards the property dispute, do not anticipate all these will happen. If they really happen, you have defence as advised by Dr.Jyothi. Keep record to show the court that you have spent money for construction of first floor . Whether the original property (without first flor) is of your father's self acquired property or ancestral property? If it is ancestral, you can challenge the will on this ground also as you have a rightful share in it.
Time will heal the wounds. Since you are educated and cofmortably employed, this is not the time to think on the issue of property. It is the time to serve your sick father. You can definitely enforce your right if the situation so arises.
R.K Nanda
(Expert) 21 July 2013
nothing to add.
Bhanu Pratap Singh
(Querist) 21 July 2013
No I am not the owner. Owner is father. But in Home Loan I am the Main applicant & father is Co-applicant. Now what is the possibility of getting Refund from bank in case of Auction.
My Mother & Sisters are preventing me from all things.
prabhakar singh
(Expert) 21 July 2013
1.Well any will ,if comes to light,bearing a date post to Brain Haemorrhage of your father,can be contested successfully.
Law regarding will is that propounder of a will has not only to prove free and fare execution and attestation but ALSO to remove all DOUBTS surrounded to it.To me there would be big doubts.
2.Any will made during hospitalization would be most doubtful and would be looked by courts very skeptically unless the will is attested by a doctor certifying the patient mentally fit to take considered decisions.
3.i think you should not set up any money claim but a case of ORAL LICENCE by father/mother permitting you to raise constructions on first floor with right to
enjoy possession till they last and Bank loan shall prove it was you who constructed it. Money claim would not be a proper case to setup in very special circumstances of your case.
3.I shall advise you to move cool and not to initiate any action on your wife's part though remedies are there.It is so because it may hit you hard in contesting WILL case in future if there comes any as you doubt there would be.
You must not make any record that your or your wife's relation with your parent has been poor and uncordial rather records should speak reciprocal.
4.You should continue to pay EMI of loan in view of my opinion expressed above unless you want the house actioned by Bank for default and that would be possible only when it is mortgaged with bank.
To me your money case would not survive as strongly as a case of licence of permanent construction granted by father and acted upon by you raising loan paying EMI possessing exclusively the portion constructed . This all is corroborative,
fact and natural and can be believed by courts.
prabhakar singh
(Expert) 21 July 2013
Your responses were a bit different in style yesterday Mr.Nanda !So i thought that you answer and let me put the ready made seal you enjoy"nothing to add"but you denied me this opportunity.
Rajendra K Goyal
(Expert) 21 July 2013
The experts Dr. Jyothi Vishwanath and malipeddi jaggarao ji have advised very well on two aspects, legal and humanitarian, Presently adopt the humanitarian path being the requirement of time, and if things does not amend, adopt legal path. Stop paying Bank installments, insist Bank to auction the house.
1- - Yes.
3- - Depends upon the doctors report. Can be challenged.
2- - Provided you are able to prove it was paid by you.
3- - What type of misbehavior. May lodge FIR under 498A if ingredients exist.
4- - Balance would go to the owner of the house.
prabhakar singh
(Expert) 21 July 2013
Q"Now what is the possibility of getting Refund from bank in case of Auction."
A.you shall not get even a penny of excess as that would go to your father since he is owner of mortgaged property.
Bhanu Pratap Singh
(Querist) 23 July 2013
Thanks for your reply and suggestions.
Is the "Will" valid, If there is already Loan on the same property and the Documents of the property are with the Bank?
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Yes will is valid even if the property is under loan. But the legatee will not get the property till loan is cleared.
Rajendra K Goyal
(Expert) 23 July 2013
Will is valid for a property which is mortgaged in loan.
Raj Kumar Makkad
(Expert) 25 July 2013
Will have nothing to do with the mortgage of the property.
Raj Kumar Makkad
(Expert) 25 July 2013
The style of one of the experts is known to everyone and so was the reaction of Mr. Singh.
Bhanu Pratap Singh
(Querist) 25 July 2013
Dear Sirs,
One more thing I forget to mention...
Last Year I got one notice from my Mother thru an advocate regarding the Home Loan in which she had mentioned that my father is Mentally Unfit and not able to take decisions.
Can that Notice can help me in challenging the "Will"?
Bhanu Pratap Singh
(Querist) 25 July 2013
Dear Sir,
Kindly advice me what will be good for me...
Should I go for Injuction Suit or I have to Wait for "Will" if any exists, then to challenge it?
ajay sethi
(Expert) 25 July 2013
you should not file any suit . you are in possession of 1st floor premises . as advised by experts continue to pay EMI of loan . as and when will surfaces on your father demise you can challenge the will on grounds that your father was not in position to make will .
Bhanu Pratap Singh
(Querist) 25 July 2013
Thanks to all of you for your reply and advices.
