Ownership
BALKISHORE
(Querist) 12 October 2016
This query is : Resolved
I purchased a house in 1991-92 jointly with my son.At that time my son wwas a student.I paid the full sale consideration from my saving a/c by cheque and demand draft.I am amarried man of 72 yrs.and have another son and living wife.My relations with my son who is a joint owner became sour and now he has instituted a civil suit fot permanent injuction in DELHI.I would like to know my options for this suit.
Ms.Usha Kapoor
(Expert) 12 October 2016
Since you are a coowner you've equal rights in that property. He,your older son can't restrain you by way of suit injunction from enjoying your ownership rights to the property as coowner. File your counter in the suit for injunction filed by your son, that you as a coowner have equal rights in the suit property or property in question and hence your son has absolutely no rights to restrain you from claiming your ownership to the suit schedule property and you've right, title and interest in that property. If you appreciate this answer please click the thank you button on my profile.Your son is threatening to file a suit for injunction isn't it?In the proposed suit your defense should be on the above lines.
adv.bharat @ PUNE
(Expert) 12 October 2016
As it is self acquired property you can make counter file for your & wife share on that property.
Kumar Doab
(Expert) 12 October 2016
Engage a very able counsel and contest on merits.
Rajendra K Goyal
(Expert) 12 October 2016
You and your son are joint owner of the property 50% each if otherwise mentioned in the title papers / sale deed.
He can not ask you to leave, he can ask for partition. Submit the fact to court.
It seems you are possessing full property and due to this reason, he may have filed present suit. He is owner of half property can claim it. Position is not clear from the query.
You should file counter after consultation with your lawyer.
Rajendra K Goyal
(Expert) 12 October 2016
You have paid full consideration of purchase, you could have claimed you money in time, claim of which is now time barred. You can not claim property in lieu of that in absence of any agreement to the effect.
You can bequeath / sell / mortgage / gift your undivided share in favor of any person you wish. Your son, with whom you are having dispute can not object.
Kumar Doab
(Expert) 12 October 2016
Your so might have filed for injunction to sell/alienate etc...
Engage a very able counsel and contest on merits.
P. Venu
(Expert) 12 October 2016
What are the reliefs sought by your son in the suit?
Adv. Yogen Kakade
(Expert) 12 October 2016
What is the relief asked by your son in the said suit?
Kuummaar AS
(Expert) 12 October 2016
BALKISHORE,
Your query is
"I purchased a house in 1991-92 jointly with my son.At that time my son wwas a student.I paid the full sale consideration from my saving a/c by cheque and demand draft.I am amarried man of 72 yrs.and have another son and living wife.My relations with my son who is a joint owner became sour and now he has instituted a civil suit fot permanent injuction in DELHI.I would like to know my options for this suit."
How can you expect advice from experts with respect to your options for this suit without sharing with them what for permanent injunction suit has been filed by your son?
BALKISHORE
(Querist) 13 October 2016
He prayed for permanent injunction for restraining me from creating any third party interest or sell the suit property without the consent and his written permission. He is an NRI living in USA and his father-in law through his special power of attorny instituted this suit.
BALKISHORE
(Querist) 13 October 2016
I am in financial trouble and asked him to sell the whole house and divide the sale proceedes equally between us as I could not find a buyer for purchasing my half share in the property.
Ms.Usha Kapoor
(Expert) 13 October 2016
I stand by my yesterday's reply.
Kuummaar AS
(Expert) 13 October 2016
BALKISHORE,
Please tell
1. How property is being utilised since 1991-92 (in detail)..
2. What is the cause of action on the basis of which suit has been filed.
Rajendra K Goyal
(Expert) 13 October 2016
Son may not succeed in his efforts in the court.
Whether court has given any stay on the basis of his plea.
If not and does not agree to sell, you may find purchaser and sell off your share.
Kumar Doab
(Expert) 13 October 2016
You can benefit from the advise of experts.
Approach your able counsel.
Dr J C Vashista
(Expert) 16 October 2016
Since the property purchased in joint names long back, particularly in the name of your son as co-owner (which is a benami transaction made by you) your son may institute a suit for partition and specific possession with permanent injunction, however, it shall not stand and will be dismissed. Your lawyer should be able to prove the sale consideration paid by you and his (your son) title is BENAMI, which you do not wish to give him share.
Kuummaar AS
(Expert) 16 October 2016
BALKISHORE,
You are silent to following questions raised above. For proper advice tell
1. How property is being utilised since 1991-92 (in detail)?
2. What is the cause of action mentioned in the suit?
Second question is most important.
Rajendra K Goyal
(Expert) 16 October 2016
Author need to provide the information sought.
BALKISHORE
(Querist) 16 October 2016
1
a. vaccant from 1992 TO 1994
b. My son resided from 1994 to 15 Aug 1997
then he moved to USA
c. I and my wife are residing from 2000
till date.
2 Cause of action arose on 15.09.2016 when the plaintiff came to know that the defendant is negotiating with prospective buyers to sell the suit property
Prayer
a\ A decree for permanent injunction and restraining from creating third party interest.
Rajendra K Goyal
(Expert) 16 October 2016
Oppose the claim in the court through your lawyer.
As advised earlier, you can dispose off your share only if no stay given by the court, can not sell full share.
Kuummaar AS
(Expert) 16 October 2016
BALKISHORE,
Please appreciate, unless equal shares are explicitly determined, neither party alone can create third party interest in the property. Moreover, it is interesting, how prospective buyers are negotiating with you, probably they may be under the impression that father-son have good relations.
1. In all probability, Hon. Court will give opportunity to both of you to agree to some terms for disposing of the property in question.
2. In case you are in speaking terms with your son, you yourself otherwise through the lawyer ask your son to agree to sell half of the portion for you and rest he may keep for himself, if he does not want to sell the same for the present.
Dr J C Vashista
(Expert) 16 October 2016
@ Sh. Balkishore,
As advised by experts,especially Mr Kumar AS, I fully agree with him, you should discuss with your son (directly or through lawyers) to have partition of the property by meets and bounds and you may dispose off your share/portion.
Neither of you can dispose it off without consent of other party and proper partition of the property.
The concept of Benami Transaction is inapplicable in the given circumstances.
Kumar Doab
(Expert) 16 October 2016
He may agree to buy your share.
