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,
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
Can his own daughter claim share on his property The property is in the name of parents
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,
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.
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.
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.
If it is the self acquired property then the daughter can not make a claim on the property till his life time.
Regards
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.
Issue legal notice to father in law to repay the loan
2) if he fails to pay sue him to recover money
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./
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.
Daughter can claim a share in the ancestral property of the family but not in any self acquired property of her parents.
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.
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.
1) Yes, she can claim the property however try to convince the father in law and get paper signed regarding his hous.
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.
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.
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