Parents cheated by his son
sugandha
(Querist) 25 October 2014
This query is : Resolved
dear sir,
My old parents got cheated by my brother their son. as an one son they have given him their property original documents to take a housebuilding loan , the propery is in my mothers name , but neither he has build up house nor he is taking care of my parents . now he is not hand over the documents, keeping the documents in bank since he is working in the same bank even bank is also not taking any action , bank said still 5lacs loan amount has to b cleared and then they can hand over the original documents. my old ill parents now they do not have place to stay and no source of income for their maintanance, please suggest what to b done.
thank you
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
file case under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
effective in this matter.
Devajyoti Barman
(Expert) 25 October 2014
Yes, Me S.K.SHarma has rightly advised.
Apart form this they cna file case of maintenance u/s 125 crpc.
sugandha
(Querist) 25 October 2014
Thank you Mr. sharma and Mr. Barman, just want to know that how she can get her original documents from bank because now if she wants to sell her property then how to do it ? as a daughter can i claim the same ? kindly advise.
Rajendra K Goyal
(Expert) 25 October 2014
Since their son is not caring them, they can approach some nationalised Bank (say SBI or Syndicate Bank or any other)to get reverse mortgage loan. Bank if agrees would pay back the outstanding of the present Bank loan, and would release agreed amount say 10,000/- per month for their expenses. After them the legal heirs can pay the loan and get back the property otherwise the Bank would dispose it off to get back its loan outstanding.
If the property is mortgaged, Bank would not release the title deeds till full loan is paid.
They can prey court to order their son to pay maintenance directly in their account from pay.
Sudhir Kumar, Advocate
(Expert) 25 October 2014
I fully agree with Mr Sarvesh Kr Sharma as far as applicability of Sr Citizen Act is concerned.
Regarding other issue I cannot express considered views at this stage.
You have given half facts only So no views can be formed.
1. Whether it is Govt Bank, if so name the bank.
2. Whether he has taken a loan on the property.
3. Whether he has himself dealt with the loan.
4. For what purpose the loan has been taken.
5. Has anywritten complaint made to the Bank.
Advocate. Arunagiri
(Expert) 25 October 2014
If the son is not building the house, how the bank had sanctioned loan to him. or how they are silent without taking any action.
V R SHROFF
(Expert) 25 October 2014
Well advised with alternative actions that can be taken
can file case against brother/ bank/
Guest
(Expert) 25 October 2014
Getting back the documents with out settling the Loan is not possible.Arrange the 5 Lacs and redeem the documents and Save the Property.After redeeming the same Initiate Legal Proceedings as advised by above experts.
Devajyoti Barman
(Expert) 25 October 2014
The mother being the original owner can tell the truth and ask for return of documents if the loan is not disbursed as yet.
Guest
(Expert) 25 October 2014
Or arrange a Buyer for the Property Let the Buyer settle the Bank Loan and Pay the Balance to your Parents at least for the Rest of their Life.
sugandha
(Querist) 25 October 2014
reply to Mr. sudhir
1. Whether it is Govt Bank, if so name the bank... co operative bank
2. Whether he has taken a loan on the property. yes .
3. Whether he has himself dealt with the loan. since he is employee of same bank, very minimal amount from his sal is deducting.
4. For what purpose the loan has been taken. housebuilding
5. Has anywritten complaint made to the Bank. we have given one written letter to bank tht they shd not approve any further loan on that documents
sugandha
(Querist) 25 October 2014
Reply to Rajkumar, he is not giving noc to build up the house also to builder just harassing mentally us and parents.
Guest
(Expert) 25 October 2014
What NOC is required From him the Mother is the Owner.Consult a Local Good Advocate and seek Legal remedies including a Police Complaint against him.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
Now it appears that he being not an absolute owner of the property has mortgaged the property to the bank where he is having influence and the dealing officials have in connivance granted him loan and that he has used the loan for some other purpose and that the bank officials are not monitoring actual utilisation of loan.
Please confirm me if I am correct.
Dr J C Vashista
(Expert) 26 October 2014
1. I agree with the experts.
2. However, it is not understood as to how the Cooperative Bank has sanctioned loan to a non-title-holder son of the owner (mother) without her application/consent or permission for a so-called house building loan to an employee of the bank and son of owner??
3. There is no evidence as to how the son manipulated title documents to obtain a house-building-loan where he do not have title, claim, interest or possession of the property/house mortgaged, strange?
4. The owner (mother) must file a suit for mandatory and permanent injunction against the bank as well as son for return of documents qua suit property without any encumbrance(s).
5. The mother should seek reverse mortgage of the property (may be same bank) covering entire loan amount (if she wishes to clear her son's loan) and adding some more money for her (including her husband's) future needs//maintenance in residual life.
6. The case must be reported to Registrar Cooperative Societies (State)as well as lodging a FIR for committing cheating and fraud upon the mother ( a senior citizen).
7. The parents should seek financial support from son by filing complaints u/s 125 Cr. PC as well as Welfare of Parents and Senior Citizens Act, 2007.
8. It would be more appropriate to consult and engage a local lawyer.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
I will add further when the author confirms my above impressions.
sugandha
(Querist) 26 October 2014
Attention:-
1. My mother given NOC to him when he wanted the long back.
2.she trusted him and give him the entire property documents to him to mortgage. he said he will take up loan for housebuilding.
3. yes Mr. Sudhir you are right.
4. now mom being a one son she already gifted him half land but half she wants to utilize for her needs but he is not co operating and not giving the documents back. He also physically mentally harassed them , now they hv to shift to rented place.
sugandha
(Querist) 26 October 2014
I want justice sir pls help me to take right decision. since I stay in other city for me it is difficult and was not aware of all those matters, now I have to fight for my parents.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
No No.
Now you are introducing different facts.
It is now only yo said that your mother gave him NOC. Who knows whether it is NOC or loan application .
Please be clear. Let your mother visit bank and get correct facts.
ajay sethi
(Expert) 26 October 2014
your parents should move maintenance of senior citizens tribunal for maintenance against their son . they can obtain RS 10,000 month maintenance from Tribunal . unless and until loan is repaid bank will not hand over original documents
sugandha
(Querist) 26 October 2014
Dear Sir,
since she has gifted him half of land can she ask bank to change the mortgage documents instead of entire properties docs bank can keep that papers and release her papers. Is that possible ? Thank you
Sudhir Kumar, Advocate
(Expert) 26 October 2014
Some querist hide the fact.
But you are telling lies and asking for free advise.
Now you are telling that
"she has gifted him half of land "
earlier you said the papers just handed over
then you said that your mother has issued NOC also.
Please come truly with all facts.
sugandha
(Querist) 26 October 2014
I have never lied anything. all the facts are true. what I will get lying here, and you are not bound to give free advice , I taking help of this forum .. Thanks .
since she has gifted him half of land can she ask bank to change the mortgage documents instead of entire properties docs bank can keep that papers and release her papers. Is that possible . Can anyone help on this ?
Sarvesh Kumar Sharma Advocate
(Expert) 26 October 2014
docs bank can keep that papers and release her papers. Is that possible .
not permitted, bank is liable for that.
Guest
(Expert) 26 October 2014
In fact, you seem to have confused the whole of your issue by your varying statements. So, it is better, if you contact some local expert, discuss the case at length by supplying proper information to the expert and get his advice.
sugandha
(Querist) 26 October 2014
Thank you so much everyone of this forum . Its really helpful nd got the some lights . Actually very true wholr things are so messed up I really need to consult someone local since not used to of all these so tried yo understand the scenario. Thanks everyone once again. And requesting all of you people in distress only come to u and try to get all u experts advice so don't b in conclusion immediately nd don't think that you are giving free advice nothing is free we like peolle there to ask questions so like kind of forum is there. Its ur free will to advice kr not advice . By helping others u r helping yourself. Great job . Thanks once again. God bless u all
Guest
(Expert) 26 October 2014
Dear Sugandha,
Your latest response indicates towards your hidden arrogance on self conceived notion when you state, "you are giving free advice nothing is free we like people there to ask questions so like kind of forum is there."
In fact, to get appropriate help, the querist should be able to quite clear in explaining his problem that too to the point and in one go, not to deviste from the initial stance, as the experts, who are spending a lot of time and infrastructure free of cost to serve the cause of the needy persons, neither expect waste of time unduly by the querists nor should be expected to put in guessing position.
So, before putting any query, you must be clear about the facts pertaining to the case to put forward before the experts.
sugandha
(Querist) 26 October 2014
noted Mr. Dhingra.
ajay sethi
(Expert) 26 October 2014
once gift deed is made by your mother your brother would be absolute owner of 50%share in property . whether gift deed was made prior to mortgage or after mortgage of . whether consent of bank was obtained .
Devajyoti Barman
(Expert) 26 October 2014
query is dragged a tad too far even though the author is advised enough.
Sudhir Kumar, Advocate
(Expert) 26 October 2014
Your thanks are not understood.
You have achieve no sound advise as the facts were never clear.
Dr J C Vashista
(Expert) 27 October 2014
@Sugandha,
You are changing your stance quite often by stating different stories which are totally false and fabricated, it is bad.
sugandha
(Querist) 27 October 2014
Dear Mr. Vasishta,
nothing is fabricated may be i could not put across the matter clearly to you, myself was not clear about the fact. because its between my mom and bro , i have mention that i m in different city so was not knowing all the fact and much later i came to know all these when theyr in problem so m trying to get help for them. I need right advice so no need of giving any false stories which will not solve my purpose.
sugandha
(Querist) 27 October 2014
I understood ..
1. bank pmt has to pay to get the papers
2. co lateral can not b changed
3. welfare and mainatance case can b filed.
4. I need to hire a local lawyer.
so thank you everyone
Devajyoti Barman
(Expert) 27 October 2014
You took little long time to understand these simple things.
sugandha
(Querist) 27 October 2014
oh is it mr Barman? really u hv failed to make me undestand faster.. nyways thanks
Sudhir Kumar, Advocate
(Expert) 27 October 2014
If you understood late then it is not the fault of the experts here. You conveyed facts peacemean and changed them also. Experts understood your problem late.
malipeddi jaggarao
(Expert) 27 October 2014
Without doing any back groundwork if you pose the query because simply we tender free advice, the outcome will be like this only.
If you are really interested to settle the issue, you have confirm the following:
1) You say that it is your mother's property. Whether it is self-acquired property or ancestral is to be decided. If your father has given this property (his self-acquired) to your mother it can be treated as self-acquired property. If she got it from her parents as Sthreedhan, it is self-acquired property. In such case you do not have any right over the property and your mother can deal with it in whatever way she wishes. So stop entertaining claiming of 50% property.
2) You say that she gave NOC at one place, gifted in another place and 50% gifted in another place. If you are really interested in your parents, take pains to go the Bank along with your mother and find out how this property was taken by the Bank. Whether Gift deed is registered? Whether your mother is borrower and signed the loan documents?
Or your brother forged her signature?
3) If your brother forged the signature of your mother, your mother can serve a legal notice on the Bank that she never signed any documents and documents were forged. In such case, your brother will be taken into task and ultimately he may loose his job. Whether your mother is prepared for such consequences?
Hence, it is better to verify all the facts, have a dialogue with your brother, explain him his wrong deeds and mend his way with an advice to take care of the parents. Otherwise he will have to face the consequences for his wrong deeds. This is possible, only if you do selfless service to your parents without eying on 50% share!
Simply because this is free forum, do not come without home work. Though your are in a different city, can't you do this much to your beloved mother? Perform your duty, understand the things and seek guidance from us.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
you yourself are loser.
If you put half facts you will get a wrong advise which may not suit your total case and may also be counter productive.
Devajyoti Barman
(Expert) 27 October 2014
Who would know that your IQ would be so little that you would not understand these simple advices.
Learn common sense fast though you are too old for this.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
You are here seeking clarifications from experts for your problems, first of all you could not identify your own problem nor you could post it in a proper way so that you would have got the best advises from all experts at one shot. All these are lapses on your side, but despite such serious lapses, you are bent on criticising the seasoned and skilled experts who spare their very valuable time to render their service to the needy people, this shows your arrogance and never reflects that you are in need of any help including legal advise/opinion from anyone here. This forum is not employing the experts to offer free advise, it is the experts on their own do this voluntary free service to the mankind/society in general. Thus understand your position and try to be polite while posting your views on experts.
Raj Kumar Makkad
(Expert) 27 October 2014
I do agree with the wise advice of jaggarao with the advice to the querist not to criticise the experts on any count as those do possess their own opinion.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
The advise is bound to be criticized as it is free advise given by experts in their own time, using own electricity and net connection, spending their own usage to study statutes.
