It is necessary to peruse order passed against you
2) you have no documentary evidence that parents in lieu of your contribution would make you absolute owner of first floor
3) you can only recover money advanced by you
Son's contribution to father's property
Me being the youngest son of four siblings of my parents ( other elder brother and two elder sisters,), contributed to the construction of the first floor ofmy parent's house on the verbal assurance that the first floor will be given to me. I was long away from my parents earning money to contribute towards the construction. However on my return, my parents gifted the entire house to my elder sister and brother upon their connivance in 2011. My parents declared in writing that I contributed an amount of 7 lakhs. I filed a suit for declaration but the honble judge ruled against and ordered my eviction. I wish to appeal. Please help.
Asked 5 years ago in Property Law
Religion: Hindu
10 Answers
See you can appeal though you have no right on the property as you paid for construction on your own accord and you have no right on same.
You can appeal against the order on the ground that you are lawfully entitled to interest in the property in proportion to the contribution towards consideration of the property paid by you. And claim for declaration of proportionate title to the property in favour of you.
You can try your luck in appeal. If the court is satisfied the said gift deed will be cancelled
You can only recover the amount contributed, no declaration by contribution in construction but in purchase of land only.
That also agasint parents.
you can only recover your amount..
1. What ground the Judge has cited for ordering your eviction while dismissing the declaratory suit filed by you?
2. File the appeal immediately picking the errors committed by the Judge in passing the said Judgement.
3. Engage a lawyer having expertise in this field.
1. Check whether the said Gift Deed is duly Stamp Duty paid and Registered. IF not then file civil suit to revoke the Gift Deed.
2. Confirm whether the parents were in proper state of mental health and that they were not threatened or coerced /forced to execute the Gift Deed.
3. The above two points can be used to file different types of criminal /civil cases on the parents /Sister /Brother for offences like Cheating, Intimidation, Breach of Trust, etc....
4. File Civil suit for recovery claim of 7 lakhs on parents & Sister & Brother, for swindling you off your hard earned money. Next time DO NOT EVER give your money to anybody including relatives. IF you give then forget it.
In my opinion you may not fetch a fruitful result in the appeal also becasue ther is no reason or justification to seek declaration when the property is not on your name.
If you say that you have contributed towards the construction and have proofs for that then you can file a money recovery suit to recover the money contributed by you since they were not ready to give the property to your name as promised.
You may discuss with your advocate and proceed if recommended
You cannot file appeal on merits against your eviction because you just contributed for construction without any written agreement which is against your favour.
Now you can file a recovery suit against your father and siblings to recover your investment with interest.
