Now i wish to ask, Whether still i am liable to pay him? If yes, how much and Why? is he liable to get 20% share as per market value? is he liable to get possesion of my flat? whether money withdrawn by him by using my ATM card can be proven in court? and Court can issue injunction order in this matter in his favour? whether money given to mother by cheque can be proven as my money returned to father?

Since you have made it clear that you ave repaid his entire amount you cannot be held liable to pay him any amount. However the burden to prove it lies on you. The cheque amount paid though your mother may not be taken into consideration. Since he has filed a suit against you, it becomes your duty to defend yourself and challenge his allegations.

Case-2

The property was purchased in the joint names of yourself and your mother. Thus it becomes your joint property. Your father might have deposited the amount to your account but it is not necessary that this amount was utilised for purchase of property and even if it is, your father has no right to claim a share in the property and he cannot ask you to vacate the property in any capacity.

1. The injunction is issued to prevent the breach of a right. One who seeks injunction against the creation of third party rights has to prove that he has a share, fixed or fluctuating, in the property, which may be disposed if injunction is denied.

2. Here is a case where your father volunteered to pay x Percentage of the consideration of the property, but the title deed is in your favour. The title to a property flows from the title deed thereof regardless of whether the consideration has been paid by the owner or someone else at his instance. As a corollary thereto, you are the owner of the property in question.

3. You should engage a lawyer to fittingly contest his lawsuit lest he walks away with a favourable order from the court.

4. The legal position mentioned above would apply verbatim to case 2. What the court will eventually order cannot be foretold by anyone. You should enter defence in both the cases to contest the claim of your father.

1) flat cost was Rs 34lakhs . your father paid Rs 7 lakhs and balance was paid by you

2) your father has 20%^share in said flat

3) in your reply you should take the defense that you have already repaid Rs 7 lakhs

4) payment made to mother would not be regarded as repayment made to father

5)it would be difficult to prove that Rs 2 lakhs was with drawn from ATM card by your father

6) injunction can be granted by court against sale of flat by you

1) in second case has your father declared in his income tax retrun that Rs 4 lakhs was given as loan to you

2) you can deny that Rs 4 lakhs was given by your father

3) you can state you had deposited part of your savings in bank for purchase of flat as your cinome was Rs 10 lakhs per annum

4) better reach an out of court settlement with your father

5) it is not advisable to wash dirty linen in public

Case -1:

1.It was your mistake not to pay the promoter the full amount and directing him to refund the amount paid by your father,

2. Alternatively, you should have directly refunded the said amount to your father,

3. You are liable to pay him the amount which you have not paid him till date as per records. payments o your mother will not be considered as payment made to him and cash withdrawal through your ATM card will not be accepted by him,

4. He is liable go get the money back with appropriate interest or share of the market rate of the property as decided by the Court. Possession of he property also will be decided by the Court but it is unlikely that he will get a favourable order since the flat has been registered in your name for making the majority of payment,

5. Court can pas any order as prayed by your father if it is convinced about the plea of your father,

6. You are required to engage a local lawyer to defend you in the said case filed by your father against you.

Case-2:

1. He has to specify as to who will replace you as the co-owner, if your name is replaced,

2. Benami transaction has been prohibited after enactment of Benami Transaction (Prohibition) ct, 1988. So, your father can not claim that he had purchased it in your name along with your mother,

3. Rest assured, he won.t be able to do much in this matter,

4. Engage a local lawyer to contest the case fittingly to defend yourself.