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Fardin Ahmed (Manager)     02 October 2012

Son's claim on father's property

A son has filed a case against me and my two other sons in the Civil court. He says he has purchased the property on my wife's and my name and God know that he all he has done is harass us even though I spent half of my earnings on his work experiments. My wife has already disowned him and given it in the newspapers.

I would request you qualified people to show me the correct way and help me come out of this situation. I need some suggestion regarding my next step. I feeling helpless.



Learning

 7 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     02 October 2012

Court procedure is long and takes time. Contest you will win.

Fardin Ahmed (Manager)     02 October 2012

Thanks a lot for the advice. If there is any other advice you would like to give to overcome the difficulties during the proceedings I would be much obliged.

Thanks once again.

P.K.Haridasan (Advocate)     02 October 2012

Benami prohibition act will help you. No one can purchase property in other man's name.

Fardin Ahmed (Manager)     02 October 2012

Thanks for the advice. I feeling relieved now coz I have responsibilies I can divert my mind to.

Thanks and regards.

MohammedRaffiq Bijapur (Advocate)     02 October 2012

Fardin ahmedsab

See in Mohammedan Law son cannot claim his share during the life time of his father.

Here ur  case in hand is that ur son is claiming his right of property that he had contributed to purchase the property in ur name. See if ur son has contributed thaen he would definetly entitled to extent of his contribution. So it is on u to prove that ur son has not joined hands in purchaing the property in dispute.

Fardin Ahmed (Manager)     02 October 2012

Can you please enlighten me on the facts about how he can prove that he has contributed or how can I prove that he has not contributed in the purchase of the property? In the property sale deed there is no where his name mentioned. I have toiled for over 40 yrs for whatever I have I am also a regular tax payer. I want to transfer all my assets to my wife so what does Mohammedan Law say about that...can I do it?

Fardin Ahmed (Manager)     06 October 2012

I went to the court on the 4th of October and the judge asked my son's lawyer to amend the case as he should be filing the case for the ownership and asked me submit the answer's against my son's claim within 30days. Now what should I do and what kind of answer is the judge expecting?


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