Sister, brother-in-law harassing my father for property
Debjit Karmakar
(Querist) 25 March 2015
This query is : Resolved
My father bought a 2bhk flat in my sister's name, all the funding was done by my father, meanwhile all the papers were in my sister's name. My sister got married, After that my father got retired and cleared the outstanding loan amount. As soon as the loan was cleared my sister and her husband started ill behaving with my father and wanted to throw them out of their flat, as the papers were all in their name. After counseling my sister, she somehow accepted the fact that my father deserved the flat, that is why she transferred the deed to my father. Now my parents legally own the flat. But from the past few weeks they are harassing my father that my father forced her to transfer the deed, and claiming money. The are literally threatening my parents. Please help how should we proceed? All the bank statements (proving that my father paid the entire amount for the flat) and official deeds are with us.
Dr J C Vashista
(Expert) 25 March 2015
Since your father got the flat transferred in his name (under which document/deed, not informed?)your sister/brother-in-law has no concern.
For threats extended to him, your father should lodge police complaint/FIR and/or submit an application before the District Collector (under the provisions of Maintenance of Senior Citizen Act).
Devajyoti Barman
(Expert) 25 March 2015
This is really unfortunate.
Ask your father to file case in Maintenance tribunal set up under Senior Citizens Act in local Collectorate. They can order your sister to go out of the flat.
SAINATH DEVALLA
(Expert) 25 March 2015
At the first instance when your father was an employee, why did he buy the flat on your sister's name?
Rajendra K Goyal
(Expert) 25 March 2015
Your father is owner of the flat now, he can ask your sister and her family to leave the premises, he should avail avenue available under Senior Citizens Act.
SAINATH DEVALLA
(Expert) 25 March 2015
Your father need not be afraid of UR sister. She should be taken to task for being cruel too her own father.Act as per the instructions of the above experts, npothing more I can add.
ajay sethi
(Expert) 25 March 2015
agree with experts
Debjit Karmakar
(Querist) 25 March 2015
Thank you everyone for your humble suggestions. Will definitely take actions as suggested. One thing that I have missed is that they (my sister & bro-in-law) does not stay in the flat anymore. Only my parents stay in that flat. My sister & brother-in-law are just making false statements and threatening them for money & property share. Once again thank you all for guiding me. Will keep this post updated.
SAINATH DEVALLA
(Expert) 25 March 2015
Let UR parents give a police complaint against them stating that hey have been receiving threats for property and money, and they fear for their life. Is UR sister that harsh or is she acting on the behest of your brotherinlaw.
alexander
(Expert) 25 March 2015
A query posed to the querist pl.? Of course human nature doesn't follow the rules of Physics yet it is a generally accepted fact in all religions and sects that daughters are more self sacrificing for the welfare of the Father of the family. Sigmund Freud called it "Oedipex Complex " taken from an historical event in the Greek Folk lore.
How was the flat registered in the Father's name by his daughter
.ADVOCATE (DR) Maj Vashista ji has posed this query in his response which you have not answered
Was it a sale for some consideration or an outright Gift. We have only heard your side of the story. There is always the other side. May be the daughter is apprehensive that you may get the flat later from your father either by a gift or a testamentary document or by hook or by crook.. We don't know your sister's version. Best would be if you consult your local lawyer with all the facts
ALEXANDER
nom de plume
Guest
(Expert) 25 March 2015
If the transfer has already been affected by sale deed or gift deed, no threat can work to recover money from your father.
Debjit Karmakar
(Querist) 25 March 2015
Yes the deed has already been transferred to my father's name (as a Gift Deed). And yes my sister is herself the harsh one, her change of behavior was spotted when my father cleared the total outstanding amount. And yes there is always another side of the story, but that side is baseless. We have got the legal documents as well as the Bank statements proving that my father has paid the entire amount for the flat. Lodging a complaint will only resolve this case & harassment.
Guest
(Expert) 25 March 2015
In the wake of the stated situation, your father need not worry about the ownership of the property or the undue demand of your sister & brother-in-law.
Dr J C Vashista
(Expert) 26 March 2015
I agree with the experts advise, your father is absolute owner of the flat, nothing to worry, enjoy.
For threats extended by your sister/brother in-law or any one else (including yourself) is all together a different issue, for that file criminal complaint.
T. Kalaiselvan, Advocate
(Expert) 28 March 2015
I agree with the opinions of the experts above. Yes, if the gift deed executed by your sister in favor of your father was without any conditions and is a registered deed and legally proper, this confers the title on your father, who will be absolute owner of the property. The question is not about who funded the purchase of the property, even if your father funded the entire amount towards the property, since it was bought on your sister's name, legally she was the owner then, however, now since she has transferred the same through the said gift deed, your father need not worry about the ownership anymore. For further assistance you may take the help of a local lawyer who will be able do guide you accordingly.
