As the property is in his name you cannot stop him. But you may file a criminal complaint against him for criminal breach of trust and cheating as he took your money by taking you into confidence and then used it to purchase property in his name.
I have given full money to father through bank transfer to buy property on his name in india when i was in aboard recently i came back to india and asked to transfer the property on me name but he denied to transfer the property on my name and he secretly planning to sell to somebody... he treating us that i cannot do any thing.. please suggest how could i stop, Can i file legally ?
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As the property is in his name you cannot stop him. But you may file a criminal complaint against him for criminal breach of trust and cheating as he took your money by taking you into confidence and then used it to purchase property in his name.
Yes . The person in whose name the property is standing is considered to be it's owner irrespective of someone else may have contributed the consideration amount.
Therefore your father, I am afraid, is free to sell the property.
You though have option to file suit under Benami transaction Act, such suit takes lot of time and hard to prove
However to get assistance in filing such suit feel free to contact.
File a suit for declaration along with an application for grant of injunction to declare you as the sole owner of the property on the basis of the payment made by you for the purchase of the said property as well as to restrain your father to create any third party interest in the said property.
Yes he can sell it to anyone without anyone's consent. As it's his self acquired property you can't question him
File declaratory suit that you are absolute owner of property
2) seek injunction restraining sale of property by your father
You can file title suit to get the title of property based on money transferred for purchase of property in district court.
You may also pray for stay on sale of property by father and please be aware that a court fee for the value of property may be paid.
Yes,Definitely.
You may put obstacles and hurdles in the sale process initiated by your father through temporary injunction against your father under order 39 and section 151 of C P C 1908 based on payment details you remmited to your father's account.
Now the way you transfer the money in your father's account to buy the property is also questionable by DRI and ED under FEMA 1999.
If it was by FIRT through RBI then proper otherwise you may be in problem if your father or anyone under whose knowledge the property purchase agreement registered with competent authorities under the law of Registration Act 1908 may put you in trouble for PMLA 2002.
You decide what steps do you want for recovery of your money from father or to get property from your father.
If you have transfer money on your father's name to purchase property and you are claim that its your property, whether if flat, NA plot or Agricultural land is?
Because if you claim that property is yours then it will assume that it Benami properpty, to save tax you have purchased on your father's name.
So, settle this issue in-house between you both and get a Gift deed sign from your father. If he still not listen to you than we will help you regarding this to pay tax on your money transfer under NRI money transfer clause let us the amount transfer so can check RBI's rules.
Once this is safe the money transactions clause then you can take a injunction from court that your father can't sell property without permission.
Dear Sir,
You are suggested to file a case of injunction in the district court of your area for restraining the father from selling the property.
- Since the said property is in the name of your father , then he is having his right to sell the same without your consent.
- However, as you have invested your amount for purchasing that property , then if you having proof of the same , then you can claim ownership of the said property.
- You can file a suit for Declaration and Permanent Injunction against him for declaring owner and to restrained him from selling the property .
If you have evidence for funding to buy this property, you file a suit for injunction and possession.
You can also obtain a temporary injunction against him restraining him from alienating or encumbering the property in any manner till the disposal of suit.
Discuss with an advocate and proceed on the basis of the suggestions received.
Dear Sir,
Men may lie but not the documents this notion is believed by the courts. So you can immediately file a simple suit for permanent injunction and obtain stay order against your father from transferring to any body. It is a debatable issue and you have an edge and win the case easily.
File declaration suit in court and obtain interim injuction agsisnt the alienation of property in any manner.
Mere purchase in the name of father dose not make him owner.
No you cannot stop him from selling the property which is on his name until you file a case against him for declaration of ownership on ground that money was given to him to purchase money on your name but he instead purchase it on his name and now denying to transfer the property on your name.
you can file declaratory suit that you are absolute owner of said property, enclose all transaction details. and file suit for temporary injunction thereby seeking stay on the property.
Issue public notice two local news papers, one in vernacular & other in English Language raising objection with regard to sale of said property.
Issue notice to your father calling him to settle the property in your name followed by File suit for injunction restraining your father from selling / creating third party interest in and over the said property.
On obtaining injunction, you can settle the matter by dialogue "hopefully"
you have made a benami transaction
under the benami law, the benamidar becomes the owner and the true owner who contributed the money has no remedy
You may have to file a suit against your father for establishing your interest in the property and obtain an interim injunction (stay) preventing him from disposal of the property till final decision in the suit. Please possess all relevant documentary records showing how you financed purchase of the property.