• Family and property law

MY father had a verbal agreement with my uncle about the property he had in Newyork state in 1992 the agreement was to purchase a vacant lot under my uncle name in Pakistan which in that time the lot cost 150k my dad paid the 150k in 1996 complete , the person he bought it from was located in Canada he spend his time driving yellow cab trying to pay off the vacant lot we have the reciepts of the payments and deposits but not all of them because it's been a while and some were lost ,the agreement was my dad purchase this vacant lot in Pakistan and that my uncle will give him the deeds to the property located in Newyork also another note my dad also paid half of the mortgage of the two homes but he signed under his brother name in that time the properties cost 75k each when he bought it ,so it was basically equal my dad trusted my uncle for over 24 years he had paid all the water bills as well as the property tax for all those years , and any problem with the house such as windows bathroom everything he paid , he also sent money to my uncle when ever he needed some he also has proof of that , he also purchase all his plane tickets to visit Newyork , he always agreed to put the property under his name but after my dad had told him the value of the property went up his mind set changed now he wants to sell the properties after all the years of renovation and fixing money sent and he dosnt want to put it on his name . Mind you my uncle lost all his properties he owned before because he had 5 kids and didn't want to support them so he ran to Pakistan to live for ever but those were the only two properties that my dad took place in fixing and wanted and it was a agreement . What can be done to obtain the deeds and also what cost do you think a case like this will go for ? Is they're a case and can it be accepted by the court?
Asked 7 years ago in Property Law
Religion: Muslim

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5 Answers

1. Your case has multi-dimensional jurisdiction as provision of law of different countries is involved.

2. It is not clear from your query your religion also as law of inheritance differs from religion to religion.

3. Do note mere verbal agreement of settlement of properties alone is not enough if the proeprty is standing in the name of different persons.

4. In other words the properties bought in the name of your brother will continue to be your uncle's irrespective of his verbal commitment with regard to settlement.

5.However you father can claim compensation towards compensation for the renovations done to the proeprty.

6. I regret to inform that it is no more possible to claim back the properties which was purchased in the bename of his brother unless the law in pakistan allows the same.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Your legal remedies, if any, are under the law of Pakistan as the plot to be purchased is in Pakistan. A suit for specific performance is not maintainable under the Indian law as the property is not within the territorial jurisdiction of India.

2. To pull out the deeds from the competent sub-registrar's you should consult a lawyer based in Pakistan.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1)your father has to file declaratory suit that he is owner of the properties

2)in suaid suit there must be specific averment that entire sale consideration was paid for by father

3) enclose the bank staement and other documentary evidence to prove that payments were made by father

4) seek injunction restraining uncle from selling the proeprties in pakisatn

5) suit will have to be filed in pakistan as property is situated in pakistan

6) diffcult to enforce oral agreement for purchase of property in new york

7) litigation is long drawn and expensive proposition

8) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

It is a case of intentional fraud that has been cleverly planned and played by your uncle against your father for all these long years.

Your father had been innocent about your uncle's crooked plans but he trusted him with good faith.

However the proofs your father has against your uncle would prove his case and he may recover his property or money through this property if h files a law suit against him within the pecuniary jurisdiction where the cause of action is reported to have arose.

You may consult a local attorney, produce all the relevant documents/papers held in your possession to prove your cause to file a law suit, and proceed as per his further advise/suggestion.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. There is no agreement executed by and between your father and your uncle.

2. Amount sent to him on his request, payment for air ticket booked for travelling to New York can not be claimed back by your father.

3. If your father can prove with evidence that the said properties were purchased from the fund sent by your father for the said purchase, then your father can file a suit claiming ownership of those properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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