• My dad is wasting property; how to stop him

My Father took 20 Lacs from me to clear legal issue regarding properties. Last year I visited INDIA and asked about what he has done with 20 Lacs. He started playing games and found he cheated me and wasting money and property. I have all the Bank transaction and I can not go back to INDIA now because of my job.
Could you please help me how to secure my money I gave and the property from him so that he won't waste money. He has been using psychiatric drugs since last 10 years and he is not good, taking right decisions on time as well. If my sisters and my self asking questions about money he wasted to him he started threatening. He has ladies Mania as well.
My mother was died in the year 2000. and some of the properties are on MY fathers Name and My mother's name. Some properties are on my father name. 
Please help me how to proceed further to secure my money and property. Any thoughts and methods. please help.
Asked 2 years ago in Property Law from United States
1. You can do nothing with regards to the properties which are exclusively owned by him. However in those properties wherein your mother was a joint owner, you have share in it.

2. To claim share so the properties may not go waste , you can file a suit for partition wherein you seek injunction as well to ensure that those are not sold in the meantime to frustrate your claim.

3. if you have no proof on payment of Rs.20 lakh I do not think you can recover those.

4. Your father is a matured person and must be well aware of the consequences of the acts done by him. You better leave him alone.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Regarding money that you gave to your father to clear debts or to deal with legal issues pertaining to property would not be recoverable , in the absence of any document /agreement  showing proof of your having lent money to him.
2) Secondly he being the parent is is in a position where he can claim maintenance if  he does not have the means to take care of himself.
3) Regarding securing your property: if the property that he is alienating or mortgaging is ancestral you can approach a civil court in India and get a stay order restraining him from alienating or creating third party rights in the property.
4) Of the joint properties your father has 50% right and for the rest of the 50% your father and all of you children are equal share holders.
5) Although you can not demand a partition of the property you can get an injunction restraining your father from further alienating properties further.
6) You can give Power of Attorney to your sister or any one trustworthy in India to act on your behalf and  start legal procedures.You could firstly send a legal notice to your father demanding the return of the 20 lacs and warn him of legal action to recover the money and to protect the properties from getting alienated.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) your query is silent about  when the loan of Rs 20 lakhs was given to your father? 

2) further you have not mentioned whether sum of Rs 20 lakhs was given by cash or cheque? do you have any receipts for advancement of rs 20 lakhs  as loan? 

3) if more than 3 years have passed your claim would be barred by limitation 

4) as far as properties standing in your father name is concerned if it is self acquired property of your father you have no share in said properties . 

5) as far as properties standing in name of your mother is concerned did your mother leave any will or she died intestate?

6) if she died intestate you are one of legal heirs and have 1/3rd share in said properties .  

7) you can file suit for partition to claim your share .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Hi, if the property is self acquired of your father you have no right to claim over the property and if the ancestral property then you have to file a suit partition to claim your share so that you can protect your interest.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Do you have any evidence of paying him Rs.20 Lakhs?

2. When you have so serious complaints against him i.e. being ladies mania, use of  psychiatric drugs since last 10 years and when you knew that he is not good, then why did you pay him such a huge amount of Rs.20 lakhs?

3. You shall not be able to restrict his selling the properties standing in his name only,

4. For the properties standing jointly with your mother, he can sell his share only that too after offering to sell the same to the legal heirs of your mother,

5. You can file a partition suit claiming share of your mother's property and file an application under Order 39 Rule 1 & 2, praying for an order for estraining your father to deal with those properties asatnding in joint names.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The properties which are registered in your mother's name have, in the absence of a will or any other instrument of transition of property made by your deceased mother during her life time, devolved according to the law of succession. You, your siblings and your father have succeeded equally to the properties owned by your mother. Your father is one of the legal heirs to your deceased mother. He is not the only legal heir. You may cull out your share in your deceased mother's properties by filing for partition in the court. In addition thereto, you may also seek a stay order against the sale by your father of the properties owned by your mother. If your father creates third party rights it will be difficult for you succeed in the court.

2. As regards the properties registered in your father's name, he is at liberty to waste or burn them. You cannot restrain him from dealing with his properties in the manner he desires. If he dies without making a will you will succeed to his properties. 

3. Coming to the amount given by you to your father, if you have documentary proof of the amount being given to him, you may recover the same from him by filing a lawsuit for recovery in the court. It is not clear from your query as to how much time has elapsed from the date on which you have him the amount. If more than 3 years have elapsed then curtains have drawn on your legal remedy to recover the amount from him.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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