Hi I own a property in uttar pradesh in the name of mine which i bought in 2003,before that i along with my family members used to stay in that property as tenant. Please clarify 2 points 1)At that time i have purchased it by demand draft which was favouringthe then owner who is not our ancestor or any relationship with us.My husband who works in defence has transferred entire amount to my father's account who then made DD and handed over to the owner. My father expired in 2013 and and in 2018 my two brothers have given me court notice to claim share in the property as the amount was given from my father's account. Is the claim right? 2)Also i have given notice to tenants without any rent agreement who are staying there and i have heard as iam staying in mumbai with my husband that the tenant who i have given notice have vaccated and my brothers have allowed some one else there to stay without my permission. The tenants are staying there without any rent aggreement. What can be done?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) file police complaint against trespasser as he has taken possession of property without any rent agreement. No rentals are being received by you
2)file detailed reply in suit for partition filed by brothers that they have no sharein property
3) full consideration was transferred by you to father account
1. The said brothers have no legal right to claim such properrty which was documentarily funded by your Husband (which you would need to prove by documents of FIL Bank account).
2. Similarly said brother have no legal right to rent out your Title-Ownership property and it would amount to criminal trespass, intimidation, breach of trust, cheating, fraud.
3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Sir the fund was transferred in 2003 from indian bank which after continous follow up with bank employees they said at that time it was entirely physical and the bank statement is not available before 2005.
Old Pass book would be available which would reflect transfer of funds
1. In the above scenario, prove the following, if matter goes to court:
a) Income Tax returns of FIL, which would show his capacity to fund the property purchases (Balance Sheet etc....) Nothing is physical and Bank ledgers for customers have to be maintained perpetually.
b) Fund transfer documentations of Husband from abroad
c) other documentary evidence, in support of the property funding
1. No the claim is not right you can show the transaction of husband putting amount in father's account.
2 police complaint can be filed as they are living illegally and also a suit for the possession of property.
See the amount has to be shown even if father transferred and it is in your name then you are owner you can contest same.
No matter of concern. Your husband transferred the amount through bank. If the bank receipt of the same is available with you keep it.
Submit all details of payment made by your husband in court. If court not satisfied with the details ask court for a direction to the bank to produce all relevant details of the transaction of the DD made by your husband.
Produce some witness if any to verify the fact.
File eviction suit against tenant.
Your brother cant keep any tenants at that place illegally. you can send a legal notice to the tenants that they are occupying the premises illegally and if they don't vacate legal action including police complaint will be filed against them for the same.Your brothers can only file a suit if the money was given by your father from his known source of funds. other wise there will be no claim.But you can show the court that your father willingly gave you his self acquired funds and the brothers doesnt have any right to claim the same.
Dear Madam,
If you have a self acquired property then your brother has no claim in it.
You have to prove that house was purchased from income of your husband, this shall be proved by husband bank statement.Hopefully, house purchased in same price and with in few days of trasfer.
If other tenants are living than file FIR, without your permission, trespass is illegal.
Have to prove transfer in father account, without it case is weak.
file an injunction petition before the competent court (District Judge or Civil Judge court), restraining the person from doing anything in/with your property
Finally file a Title Suit against the occupant.
Better you consult with a local lawyer which will be of a great help for you in future..
I just want to clarify one thing even if my husband has not transferred can a father not willingfully pay for purchasing the property for his daughter. I purchased in 2003 and at that time we were 2 brothers and 2 sister including me. Me along with one brother was married by that time. My father expired in 2014 ,till then they did nothing to change on title of my property i continued paying electricity bills house tax till now which is in the namy of mine.
Yes father can gift property or money and can also register in name of daughter.
Also you can raise defence of limitation in your written. Statment/reply.
Willinness not shown by testamentary disposition that is by will or gift etc. has no legal stand.
Father can pay for purchase of property in daughter name but brothers can claim share in property on grounds it was bought for benefit of joint family
1. IF Father purchased property (and not gifted) in your name thru his "earnings", THEN "all" the legal heirs are entitled to their share in Father's "self-acquired" property.
2. IF Father had duly Gifted property to you via a registered Gift Deed, THEN in this scenario, NOBODY can stake claim /rights over the Gifted property.
Yes father can pay willingly. You can take that ground for your case
Mere financial assistance to buy property dose not give any right to brothers. But if complete payment is made by him from his account and not mention in is IT returns that he gifted your this house than brother can claim.
Father can purchase but as a gift, mere purchase in daughter name is benami transaction.
1. Your brothers are claiming a share in the property on the basis of the payment made by your father, however your husband can implead himself as a party to the suit and deny the title to your father on the basis of the amount he had sent to your father for purchase of this property at that time with documentary evidences to his support.
There are 50-50 chances to win the case if the same is argued strongly.
2. You can file a petition before court to direct the tenants to vacate the property and also direct the plaintiffs to keep the property vacant till the disposal of the main suit, you may have to file an ad-interim injunction application for this.
You may have to somehow obtain evidence to support your claim and to reject your brothers' claim for their share in the property otherwise you may not have any chance to win the case except to arrive at a compromise with your brothers.
On whose name is the property now, if it is on your father's name, why you have not taken any steps to transfer the same to your name during your father's lifetime?
When you have all the mistakes on your side, how can you blame others for their wrong doing.
Your brothers were waiting for your father's demise after which they have revealed their greedy attitude to grab the property somehow.
You may consult a local advocate and discuss on all the strategies in furtherance, if nothing works out legally, then you may arrive at a compromise with your siblings and get a major share on the basis of humanity instead of fighting for the whole property and losing everything.