• Need to get separated from parents

Hi Sir,

I bought an apartment in 2018 which I have invested 13lacs and my father has invested 14.5lacs, now there is no understanding with my parents and they are always harming the property. They try to create lot if problems for me and neglecting me. I asked them to stay separate and I will pay the rent and advance but they are not OK and asked me to pay 14.5 lacs which my father has invested after that they will leave the place. I have car loan of 6.9lacs and home loan if 18.5lacs which is the best option for me?. If I sell the car then I will get 9lacs still I have to manage 5.5lacs, please suggest.
Asked 3 years ago in Family Law
Religion: Other

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9 Answers

If this property was bought on your your name by a registered deed, you can very well issue them a legal notice to vacate the premises.

Let them come with their claim by a reply notice which you can handle it legally.

If you have decided to give away or return their loan amount, you can make it in writing with the conditions for repayment accordinlgy suiting to your convenience.

 Remember that if your father is taking the weapon of senior citizen and refuses to vacate stating that he too has invested and approaching the tribunal for justice then you may have to challenge the same on merits and documentary evidences in your possession. 

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

sell the car . repay your father loan 

 

it should be mentioned that father would have no share in property . i presume flat was purchased in your name only 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. Ask your parents to accept this Rs. 9 Lakhs now as part payment and take time , to complete the transaction later.

2.  Let your father execute a registered Relinquishment Deed in the jurisdictional Sub Registrar's Office in your favour, after you clear the balance amount.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the house property is likely to fetch more than 14L after clearing the outstanding of 18, better sell off the house and buy peace of mind. You can make more money if you have peace of mind.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Dear Client,

There is no legal procedure for separation from parents. If one has attained the age of consent i.e 18 years he is free to leave his parental home. And as per the facts provided by you, if you can pay him the said amount it will be a good option for you. But you will have to get the said property in your name first.

Thank You

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

You can get separated legally you don't have to bother. Only legal dies if pending needs to bring cleared. They can seek amount of maintenance fr your if they are usable to maintain themselves

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Dear Sir,

The solution lies with you. By hook and cook you have to get an amount of Rs.14.5 Lakhs and give the same to your father and get rid of him forever. You have to search various avenues from which we can get such big amount. You may go for personal loan etc and see that your father’s investment is returned back to come out of his clutches.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

- If that property is in joint name of your father , then legally you both having equal share in the property 

- Further , both are on liberty to sell /transfer respective share without getting consent of others. 

- Further , if that property is only in your name then repay fathers amount after taking further loan or sell the car to lessen the burden of EMI. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

-  My suggestion will be to sell the house and pay your parents.

 

-  Else sell the car, take personal loan and pay your parents. In this case execute release deed by your parents in your favour if its on joint name.

Ankur Goel
Advocate, Bangalore
454 Answers

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