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Gopal (Working)     24 October 2014

How to prove its a self acquired property

Hi Experts,

 

I am a salaried employee and I have purchased a home with home loan from a nationalized bank in Bangalore.

Now my elder brothers and sisters are filed a case in Honorable court to claim the property as one of the HUL`s properties.

I have purchased that house with 80% from bank and 20% through check which has been paid from my salary account. Still I have to pay 5 more years to clear the loan.

Will my sisters or brothers will have any right to claim my (I am the youngest one) house, as one of the HUL`s property and claim the share, which is a joint property with me and my wife.

Please advise me to take this up in the long legal battle.

Thanks in Advance.

Regards,

Gopal



Learning

 4 Replies

V M DAHAKE (PROPRIETOR)     25 October 2014

Dear Mr. Gopal,

 From the facts stated by you, there does not seem to be much issue in proving that you have financed it 100%. Further house is in your and your wife's name. In my opinion your case is strong enough and you need not worry on this count. I do not know on what basis property is claimed as HUF ( Hindu Undivided Family - ancestral) property by your brothers and sisters.

Why not still try to settle it out of court. You could explain / discuss the situation informally with your brothers and sisters and listen to their side of story. You will save relations although it  may cost you a little.

Gopal (Working)     25 October 2014

Thank you Sir.

I have tried to talk to them, they want the property share in the form of Money. Which will cost me 25 lacs. So I decided to go ahead with court instead of negotiating them.

They are claiming that it belongs to HUF on basis that my father sold some properties (which are self acquired- not ancestral) and paid to me. That is utterly false, as my father will never do injustice to anyone.

I only can provide the Appoint letters of my Employers, bank statements, salary slips, and my education loan details. Will that be sufficient or they need any further documents?

Will it help if I ask my father to submit a written statement to court that “My Own House is My Own and it does not belong to HUL” ?

Please suggest me

V M DAHAKE (PROPRIETOR)     26 October 2014

Various proofs including your father's declaration would surely help. You seem to have both facts and law on your side.  Be cool and try your best.

Gopal (Working)     26 October 2014

Thank you Dahake Sir for your suggestion and information.


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