• File case against me for money

Sir my Name is Neelam and I am from Jhansi.
Sir I complete B.ed of  session 2012-13.  My father gave me rupees 5,00,000/- in Dec 2013 for my future education (for M.Ed and Phd). But for last few months they now want money back. He is retired (ex SBI sr. cashier). He just sold all his pension and also spent all his money which he got on retirement. No future planning for my mom and sisters. I don't want to give money back to him, if I do he will spend that also. What to do now? He said that they will file a case on me that I forcefully took that money.
Asked 2 years ago in Property Law from Jhansi, Uttar Pradesh
you are highly educated . you have completed your B.ed  course too . you can afford to earn and then study further . if your father had advanced you money for future studies and no needs the funds you should return it . deposit the said funds in your mother account . you r father can make an application under maintenance of senior citizen act if he so desires or take such legal proceedings for recovery of money advanced to you
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
teacher gets around Rs 22,000 per month salary in schools . what basis you say you will get Rs 1500 a month?
 if your parents dont have money it is un ethical on your part to keep sum of Rs 5 lakhs given by your father . 

take your mother and sisters into confidence before taking any decision .
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
Hi, do one thing as per your narration i don't think he has any documents to show that you have received the money of Rs. 5,00,000/- keep it up yourself for your future study or for your future and money will definitely bring confidence to you and find out suitable job and return to it. do not bother much.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
its clear explolitation of teachers . in maharashtra teachers are better paid . anyhow it is your decision whether you want to  return your father money
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
your father can allege that loan was given to you of Rs 5 lakhs . if you dont repay he can sue for recovery of money .
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
wit for your father to take legal proceedings . you also have to think about your mother and sisters . what will happen to them if your father dosent have any money to make ends meet . anyhow it is your call now .
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
If you have ancestral property then deny repayment by saying that you have received the amount for your share of property. Another option is say the truth that such amount is received under family settlement and as discharge of the obligation of your father towards you. So that you can legally take stand that you are not liable to return the sum. Contact a good lawyer in your locality and seek practical guide for step by step action.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
your mother has legal remedy . if her husband refuses to take care of her and his daughters she can sue him under DV act for maintenance. she can also claim right to stay in shared household or seek alternative accommodation .
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
The money was advanced to you by your father. Now if he demands it back then propriety demands that you accede to his demand by depositing it in his account or returning it in cash. If you return it in cash then do obtain an acknowledgment.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Since your father advanced money to you through a cheque he has the documentary evidence to prove your liability to return the same. If you do not return it then he may file a civil as well as criminal case against you for refusing to return the money on demand.  Hence, it is in your interest to return the money.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Your mother and sisters have a legal remedy against your father. They can file a case for maintenance against your father under DV Act demanding that your father be legally obligated to pay to them by way of maintenance a fixed amount every month. This should address the issue of their neglect by your father.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Whether or not you have to return the money is to be now decided by you in your wisdom and prerogative. We have acquainted you with the legal action which your father can bring against you for not returning the same on demand by him.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Ur father can sue u for getting the money back.  Moreover ur mother also has legal remedy against ur father for maintenance .

Do u really need the entire sum of Rs. 5,00,000/-. I doubt.  U say Jhansi is not like Maharashtra.  Where r u going to take admission?? 

It's ur father's money and I don't think u should be so mean.  Try to solve the problem by taking in confidence ur mother and other sisters.  Find out a job. Keep only the money u need for the first year of ur studies. 

If ur father or mother approaches the court, u all will end up into spending money and bitterness will grow.
Jagruti Vora
Advocate, Mumbai
9 Answers
10 Consultations
5.0 on 5.0
money was advanced by your father not by your mother . if you place money in your mother name in fixed depsoit your father will ask your mother to break the FD . we have advised you that your mother should file case against your father under DV act for maintenance etc . you have to take decision now .
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
Since the money was advanced to you by your father and not mother it will be wise for you to deposit it in your father' account as your father will have the right over this money even if you deposit it in your mother's account inasmuch as in a law suit filed by him he can require your mother and you to explain the sources of fund.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0

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