haseeb 04 July 2017

Father challenging in the house bought by me

Pls help me as i am living in Dubai and difficult to visit to India to handle below problem.

I have a house in Aligarh UP which was constructed by me and my father in 2000 where my parents (mother & father) is living at present. This house was built on the land bought on my mothers name. This is not bought by our ansestor money. My father sold our old house which was also on my mothers name and then he bought the land on my mothers name again on which we constructed this house.

We are the family of 2 borthers including me & 3 sisters. When maintainenace problem of this house is started and question arises who will spent money on maintenance, my mother decided to sell this house to one of us (my bother & me). Then we my brother refuses to but i bought this house and done complete formalites to register this house on my name payed complete registration fee in presence of my brother. I also paid share to my brother & siter and they signed on stamp paper that they got their share.

Now problem is that my father who is living in my house is started threatening me and asking money on regular basis. Till today i paid almost 2 lakhs to think he is my father and i am God fearing child but now it is not stopping and still he is demanding more.

My father saying he will challenge in the court for his share. I dont know how he is asking his share as he is living in the same house and not paying a single money.

Kindly help me

1. Whether my father can challenge in the court?

2. If yes, what should i do? as i am in Dubai and difficult to come for court hearing.

3. If not, what should i say to my father that he is not eligible to challenge me.

4. What should i do to top my father. Which type of lawer i shld apprach for such case?

PLssssss help me i am really in pain as a Son.

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4 Replies

Arjun Kohli 04 July 2017

From what I can understand is that the house was legally sold to you, completely. You're the single owner of the house as you have paid out the shares of your Brother and Sister too. Therefore, your mother and father are living in a house registered in your name, I believe.

Moreover, it is not clear on what basis your father is demanding the money from you? Is it for the maintenance of the house? Is it for their own Maintenance? In either situations, if you have not been neglecting your duties towards maintaining either the house or your parents, (in case of their maintenance, provided they don't have sufficient means to maintain themselves), you have nothing to worry about.

I'm not sure as on what basis he could legally challenge you, probably for their personal maintenance. Irrespective of that, should any such situation arise, you can engage an efficient legal counsel here in India, who speciallises in Family and Property matters, to represent you in such matters and eventually file an application in the court regarding your difficulty in appearing before the Court as you stay in Dubai. (for that you might need a SPA to be executed in favour of your counsel, however, that's not a matter to be concerned about right now.)

You can try and settle the matter between yourselves only. Otherwise, the house being in your name, and you doing the necesary minimum to maintain it for making it suitable to be lived in shall give you a good ground to stand on.

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haseeb 04 July 2017

Dear Arjun,

I thank you very much for the reply.

Actually i am sorry i missed to write my father claims that he wanted his share what he spent during construction of house as i given to my siblings their shares so also i should give him.

I say my father you are living in this house as you used to live before. If i sell this house then he can comment. I bought this house only to facilitate the maintenance.

In case he files any case to court, so i can ask help some lawyer from here in Dubai. I dont know how court will hear his plea as he is living in the same house.

Arjun Kohli 04 July 2017

Well, what I can understand is that you and your father combined your resources to construct the house and the house was also registered in your mother's name. Now, to facilitate the maintenance, you bought this house by buying off the shares of your brother and sister. However, what your father can seek is the input cost which is half of the total cost, other half being borne by you, as you say.

I cannot suggest as to what your father will do or not but when the case does get filed, you can definitely contest it on the grounds that you have no intention to dispose the house off and it is meant for your Parents' accomodation only and the concerns of your father are not based on any legit grounds. It is your intention to maintain the house on their behalf, and for all purposes, you want them to reside in that house only. This should give you a decent ground to stand on, as I said before.

Also, I think it will be better if you engage a lawyer, directly or indirectly, in India, or search for some International firm which covers such matters in India as well.

Good Luck

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