Since you have evidence of Bank transactions through which you had sent her money to buy property could be used in your defense when your sister files a case against you.
Loaned money buy property thro my mother. Now my mother passed away and I sold the property.
Hello I am NRI and in the past I posted with regards to the unregistered partition deed. I got clarifications with regards to that. I have one more question with regards to the same property. I loaned (have all transaction doc's) thro bank to my mother buy land. I loaned to develop the land. My mother deceased now. But all the Khata and Pahini was on our name. (We received through nonregistered partition deed where my siblings signed in front of the notary public). We sold the land to recoup my loan. My sister is going to court to get 1/3 of the amount. (We are 3 siblings). Here I had partition deed made between my siblings and mother, wasn't valid due to non-registration. I need clarifications or suggestions on how I can justify the loan I paid to my mother.? Since I sold and have proceeds, i can pay off my loan borrowed to buy the property (abroad). As I said my sister is filing case to the court for partition. But my loan amount is more than whatever proceeds I'm getting. Still end up paying from my pocket. There was no paperwork mentioning my money sent is a Gift or Loan. But verbal agreement was loan to buy property to my mother. The land was in Karnataka.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
You need to prove the loan advanced to mother in court
In absence of any documentary evidence it is difficult to prove that money was advanced to mother as loan
you don’t have any emails or letters or messages which prove money was given as loan
You have proof of property purchases through mother by funds transferred to her, this property is your self earned property. Subsequently, the property is sold, the entire sale proceeds belongs to you. It cannot be part of joint property. Submit proof of transfer of funds to mother in Court. Claim of sister over sell proceeds cannot succeed.
The property purchased by your mother on her name by a registered sale deed shall become her own and absolute property.
you have mentioned that you do not have any documentary evidence to prove that you have lent money to your mother for purchase of this property.
The money what you have sent from abroad to your mother was a gift and not a loan amount therefore you cannot claim back your gift amount given to your mother or from anyone
In the absence of any valid documentary evidence you don't have any substantial reason to establish your claim over the property.
The notarised partition deed can be an evidentiary evidence to your case but that cannot be enforced in law.
You can file suit for declaration to declare you the sole owner of the property as the proceeds towards the purchase of said property was paid by you wherein you'll need any provide evidence that you had loaned that sum to your mother.
