• Father is threatening and harassing me for selling the co-owned flat .

Myself and my father both has purchased a flat and now co-owners . He paid just 20 % of the amount and rest was home loan me . Now after 3 years , he says he wants to buy me out by paying the 100% EMI that only I had paid to the bank for 3 years and also harassing me and threating me that he will goto police and file a case of as per "Senior Citizens Act" under fake pretext that "son(myself) has expelled father from the house and causing harm as well and not providing livelihood" . I am worried if he files a fake case can also impact my career .

I have two questions here :-
1) How can I safeguard myself from such fake complaints to local police station ? Is there any anticipatory legal advice to safeguard myself ?

2) Can I pay his 20% amount back and claim 100% ownership via gift deed without any future cases against me liability demand as a senior citizen ?
Asked 12 months ago in Property Law
Religion: Hindu

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7 Answers

No need to bow down to pressure tactics 

 

2) offer to pay 20 per cent contributed by your father and ask father to execute sale deed for his share in property .pay market rate for his share 

 

3) in alternative accept his offer let him buy your 80 per cent share at market rate 

 

4) don’t go in for gift deed 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1.  You do not have to take precautionary steps in anticipation of his moves against you.

You do not have to budge to his pressures.  you are also a owner of the property that too you have 80% share in the property.

If he is going to police, let him go, the police cannot take any action against you becasue it is basically a property dispute and there is an evidence that he also owns 20% share in the property, hence there is no chance tof you ignoring him.

If at all he is aggrieved as a senior citizen, he can very well approach the tribunal for senior citizens welfare, where he has to state the facts that he owns 20^ as well as he has to prove that he was driven out or he has no source to maintain himself, which cannot be possible because he has to tell lies and if the tribunal finds that he is lying before court, then his case will be dismissed after which he cannot knock the doors of any legal forum again.

2. You ask him to transfer his share in the proeprty by a registered sale deed and express that you are ready to pay the market rate towards this or vice versa, i.e., you can offer your share of property to him for sale at the market rate.

The gift deed will become a headache for life long,hence you may avoid such an subject in this connection.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Gift deed is out of natural  love and affection 

 

here you are paying father consideration for purchasing his share 

 

hence go in for sale deed 

 

If sale deed mentions father has 50 per cent share he can claim 50 per sale consideration 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The gift deed  can be disputed by other legal heirs at a later stage.

Besides transferring the property merely on a stamp paper without registration is not valid in law, it will be termed as his own property even though he had executed an unregistered deed since it is not legally valid.

You have been suggested various  legal ways to come out of this problem.

You can proceed by whichever mode it would be feasible to you.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If any cognisable and non bailable offence is filed then you need to take anticipatory bail to secure yourself from arrest 

only if he is ready to relinquish his share you can buy

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear client,  

To safeguard yourself from false complaints, you can document all the payments made by you towards the home loan and maintain a record of all the correspondence with your father. If your father files a false complaint, you can present your evidence to the police and the court to prove your innocence. Additionally, you can consult a lawyer to file an anticipatory bail application to protect yourself from arrest in case your father files a false complaint.

Yes, you can pay back his 20% share and claim 100% ownership of the property via a gift deed. However, it is important to note that such a gift deed may be challenged by your father in the future if he changes his mind. To avoid any future legal disputes, you can enter into a settlement agreement with your father and have it registered with the Sub-Registrar of Assurances. This agreement will outline the terms and conditions of the transfer of ownership, including the amount to be paid and the release of any future claims or demands.

Regarding the consequences of the gift deed, it will transfer the ownership of the property from your father to you. However, it is important to ensure that the gift deed is executed on a proper legal stamp paper and is registered with the Sub-Registrar of Assurances. You may also need to pay any applicable stamp duty and registration fees.

Regarding the mistake in the purchase agreement, you can approach the developer or builder and ask for a correction to be made in the agreement. Alternatively, you can consult a lawyer to explore legal options to rectify the error.

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You should give written complaint to police before he file false case

Ravi Panwar
Advocate, New Delhi
116 Answers

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