• Loan given by keeping property papers

We have given a loan worth 7rs lacs for my father in law.

We got his house property papers

We dont have any note on promisery note

What is the procedure to recover the money
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Sir for recovery of the loan the summary suit has to be filed and further you have to claim the debt the property papers without any agreement or POA is of no use in the loan neither there is mortgage of the property to you,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

without any agreement or promissory note you cannot file any case, you need evidence to prove that person have taken hand loan from you.

The daughter can claim her share if the property is ancestral but she can not claim if it is the self acquired property of her father but she can claim after death of her father.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You can file a suit for recovery of loan.

2. Though it was a equitable mortgage by deposit of title deed, in absence of any written agreement you can file a suit for foreclosure and sale.

3. Daughter has right of share in the property of father if he dies post 2005.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since the self acquired property in his name the daughter cannot ask for any share in there life time.

You have to file a Summary suit before the civil court before that you can give a legal notice asking to pay the Rs. 7 lacs given as friendly loan if he fails to return money on notice then institute a civil suit.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it is the self acquired property then the daughter can not make a claim on the property till his life time.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may file a civil suit for the recovery of the loan amount.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Send him a legal notice and call upon him to clear your dues.

If the legal notice fails to help, file a recovery suit against him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Daughter cannot claim parents self acquired properties, during their lifetime/.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Issue legal notice to father in law to repay the loan

2) if he fails to pay sue him to recover money

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Daughter has no share in self acquired property of parents during their lifetime

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. Has he executed a mortgage deed in your favour?

2. Promissory note or a contract should have been executed to file a summary suit for recovery of money in the civil court. The regular suit would run for ages.

3. His own daughter cannot claim a share in his property during his lifetime. If he dies intestate then it will devolve through intestate succession on his Class 1 heirs.

4. If a mortgage deed has been executed then a prior charge in the property has been created in your favour, which means that his daughter cannot claim it even after his death unless she gets the mortgage released by repaying the loan./

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

In absence of any written document stating that the other person has taken a loan from you, only a criminal complaint for criminal breach of trust and cheating under section 406 and 420 of the Indian Penal Code can be filed against the person from whom the money is to be recovered.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Daughter can claim a share in the ancestral property of the family but not in any self acquired property of her parents.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Get a mortgage deed done that is mortgage by deposit of title deeds or mortgage by conditional sale if he's ready to register the same. If you have transferred money from account you can recover the same but if you have given cash and have not taken any cheque or any promissory note it's difficult to lodge a civil recovery suit for money.

Their daughter can't claim their self acquired property unless one of the parents die without leaving will.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

This is my response to you:

1. Send him a formal letter that a loan was there;

2. If you do not return the property papers he can claim it through police station;

3. Therefore send a legal notice also after some time;

4. If he still does not return the money then file a recovery suit in the civil court;

5. The daughter can stake a claim only after the death of one of the parents.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) Yes, she can claim the property however try to convince the father in law and get paper signed regarding his hous.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If the property in the name of parents and is not an ancestral property then it cannot be claimed by the data until and unless the parents are agree to gift the property to the daughter.

But in case of ancestral property the daughter can claim her share from the property through a partition claim.

The property paper kept by you is a material to hold as duplicate paper can be arranged from the register on declaration that the original papers have been lost.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Do you have evidence for the money transaction, i.e., how was the money transferred, by cash or by bank transaction?

If you have evidence for the money transaction, then you can first issue a legal demand notice demanding the money advanced to him as loan, let him give any reply, you can file a case for recovery of money and also file a petition seeking attachment of the property before judgment for the purpose of security.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Can his own daughter claim share on his property

The property is in the name of parents

No, it belongs to them and they are the absolute owners of the property.She cannot claim any rights in the property at least not during their lifetime

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You can file suit for recovery of money.

Daughter can claim share in property after the death of her father.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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