• I gave my money to my daughter to buy land, but she bought and registered the land in her husband

I gave my money to daughter to buy land and now she bought and registered the land in her name .Now both daughter and son in law is threatening to kick out from the property.I gave money to her as a daughter and now she betrayed .Only electricity bill is in my name. No record of land in my name. please help..They said you can leave the house and and can not claim anything.
Asked 7 years ago in Property Law
Religion: Hindu

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19 Answers

What was the mode of transfer of money to your daughter?

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

As the transfer of money was in cash it will be really difficult to prove in the court that we paid the money for the purchase of the property because court will ask you are right here and bank details relating to the cash otherwise you would have claim the title of the property on the basis of payment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you have any proof that the said money was given to your daughter for the purchase of property, you can file a suit for declaration and injunction to declare you as the sole owner of the property as the entire sale consideration was paid out of your funds and for refraining your daughter to disturb the Peaceful possession of your property.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Hello,

As the payment is in cash and did not keep any proof of giving her the money there is a little chance to recover the money from them . However if the property is from quiet a distance away from your house then you can raise a doubt in the mind of the judge that you helped them to buy the property and for that reason they insttalled the meter in your name.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

Dear Sir,

You better approach civil court filing suit for declaration and restraining them from evicting you from the house. They cannot show source of income. Pease preserve documents in respects of your source of income.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi, it is advisable to register a FIR under section 420 and 406 IPC for cheating and criminal breach of trust

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

you cannot take any legal action against them,

if you paid through cheque or through rtgs you can Prove.

once try to settle this matter with any mediator.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can file declaratory suit that you are absolute owner of land as full consideration has been paid by you

2) seek injunction restraining daughter from dispossessing you or from selling the land

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You have no evidence that consideration was paid by you

File complaint before senior citizen tribunal seek orders to direct daughter in law to pay you maintenance of Rs 10000 per month

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

hello

the property was bought by the money you gave to them. file an FIR against both of them for criminal breach of trust and fraud and cheating. they would have to give an account of the money as they would have to show how and from where they got the money.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. There is nothing to worry.

2 File a complaint before the Senior Citizens Tribunal which has jurisdiction to cancel the deed and evict them from the property bought by your money.

3. So do not wait anymore before it is too late.

4.. Additionally you can file a criminal case of cheating as well. If your daughter can defraud you, there is no need to think twice about her future from your actions.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

How can the electricity bill of this house be in your name, if the title holder of this house is your daughter?

Anyways, seek Police help and at any time they use force on you, dial 100 to call Police.

If you're a senior citizen, approach the senior citizens Tribunal.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. If the money was given in cash and no agreement was made between you and her then you have no evidence in the first place to prove that the said property was purchased by her from the money given by you. Hence, you have no legs to stand on in a court of law.

2. Learn your lessons and in future do not be taken for a ride.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Sir since the amount of money was given in cash then in that situation first thing will be it has to be proved that amount was given and the proof and source of same,

Further you can file a FIR against them for cheating and breach of trust and further declaration suit for declaring you owner of the said property purchased from your funds.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since the mode of transfer was cash any proof of disbursing same,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You shall have to file a declaratoryb suit praying for a declaration that the property is actually yours which your daughre had registered in her name, since the entire consideration was paid by you from your fund.

2. The prayer in the suit should also include the direction to the Registrar to register the propertyb in your name duly cancelling the name of your daughter.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1.You shall have to establish with evidence that you had paid the entire consideration to your daughter.

2. You shall have to show evidence that you had withdrawn the cash from the bank or arranged the said cash from some one as shown in the records to establish your claim legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

How come the electricity record is in your name without any base?

If the property is not in your name then this will not come on your name., ascertain the details.

If you have details for the money given to her, you may file a money recovery suit, provided it is within three years from this date.

If you are a senior citizen then you can file a petition with the senior citizen welfare tribunal giving the details and try your luck for retrieving the property.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The mode of transfer of money was in cash..

It means you do not have any evidence for the cash transactions too.

You may discuss with a local advocate on further issues.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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