Right in property
Sandeep
(Querist) 14 November 2017
This query is : Resolved
My mother purchased plot in her name. She took 50% of funds from me with verbal understanding that she will execute a 'Will' in which she will write property in my name.
My father is no more and we are only two siblings. Have one married sister. Now under my sister and her husband's influence, my mother is planning to transfer property in their name.
One may term having property in mother's name as a mistake but whom one should trust, if one can't trust even his mother.
I arranged funds from taking personal loans and my hard-earned savings. What steps i should take now to recover my funds, right here. Kindly guide. Thanks
Ms.Usha Kapoor
(Expert) 14 November 2017
If possible arrive at a family settlement Deed by convincing your mother so that your mother and your sister and your self have equal share in the property. And a registered family settlement deed once made is binding on all the members who are parties to it.If there is no such thing can be made You fie for partition suit sand get your due or 1.3 rd share of the property.
Ms.Usha Kapoor
(Expert) 14 November 2017
If you appreciate my above answer please give me likes.
SHREY DAMBHARE
(Expert) 14 November 2017
Your complete case is matter of proof and evidence thus completely depend upon documents you have in your possession. Forget about the Will. If you did pay the amount by check or having any proof of payment of amount to your mother then you can file Suit for recovery.
Rajendra K Goyal
(Expert) 14 November 2017
Your mother is owner of the property. She can sell / gift / mortgage / bequeath a will for her property in favor of anyone, no one can object.
Try for amicable family settlement.
Dr J C Vashista
(Expert) 15 November 2017
Well advised by expert Mr. Rajendra K Goyal and Mr. Shrey Dambhare, I agree.
Dr J C Vashista
(Expert) 15 November 2017
Being self acquired property your mother is well within her rights to dispose it of as she may desire.
Try and convince her for transfer in your name, otherwise recover the money from her that you have invested.
Kumar Doab
(Expert) 16 November 2017
If matter can be resolved amicably, then nothing like it.
Ms. Usha Kapoor has shown you one perspective.
Amicable settlement might be possible, as the Lady that is influenced by son in Law might also see the logic in her own son’s welfare as well.
If amicable settlement is not at all possible then examine the evidence of having paid money to mother and her willingness to return the money to you.
Kumar Doab
(Expert) 16 November 2017
If that is also not possible then approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record for a considered opinion and prospects of relief from court of law.
