1) you need father bank statement to show that father paid consideration
2) you can file suit claiming share in property bought in brother name
3) take plea that brother was not earning bought in son name for benefit of joint family
Payment of consideration - proof
My father bought a plot through HUDA in 1975 and has since died. He was an NRI and came to India alone to pay for the property and do the paperwork. I have a copy of the application for the purchase of the site and it was allotted in my brother's name. Please can you advise: 1. Is the document clear proof that my father paid the consideration? 2. Who takes the beneficial ownership of this property? Does it now belong solely to my brother or all my father's legal heirs? 3. Would this document be adequate proof that my father paid for the consideration? If not, which additional documents would I need? This is the wording on the document: 1.I xxxx (my brother's name) son of yyyy (my father's name) request that I may be allotted a residential site stated below: 2. Enclosed is a Demand Draft No 12345 dated x/x/75 for an amount....which is equivalent to the total amount of the tentative sale price of the site detailed in Para 1 above as earnest money/total amount payable to the Estate Officer and drawn on the New Bank of India Bank at...... 3. My profession is..... 4 If the site of my preference as in Para 1 above is not available......... 5. I agree to the terms and conditions as contained in the Rules made under the Punjab Urban Estate (Development & Regulations) Act 1964. Yours faithfully, Here it gives my father's name FOR my brother's name. Below it is signed by my father FOR my brother's name is printed. My brother's signature is not on the document.
Asked 2 years ago in Property Law
Religion: Hindu
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24 Answers
The documents what you state may be pertaining to the purchase of the property or not can be opined only after scrutinizing it.
It appears that you have reportedly paid this amount in 1975 but why this was not claimed for over 5 decades?
Even though it is reported to have been paid by your father but it was on your brother's name hence he can claim ownership.
What was the age your brother at that time ? was he earning ?
If he was minor than clear proof that your father has paid.
All legal heirs have equal share.
If it’s allotted in brother name he will have a right but iif money is of father than you can create dispute on that issue by filing suit
1. It appears that your late father had paid the consideration and bought the plot in the name of your brother.
2. As such & as of now, the propertt stands in the name of your brother.
3. You shall have top file a declaratory suit praying for a declaration that your late father is the actual owner of the said plot and he was unduly influenced by your brother to buy the same in his name.
4. Once it is so declared then all the legal heirs of your late father will have equal share on the said plot.
1. If the said plot is allotted in your brothers name , and he having documents in his favor , then it means that the consideration amount is paid , and only an application cannot be a proof of payment.
2. If the property is registered in the name of your brother , then no legal heirs can claim over the same, until there is proofs of payment by the father
3.No
- This document showing that your brother has applied for the plot and not your father.
- If this document is having your fathers signature only , then you can claim your share in the property on the ground that it was purchased by the fund of father.
- You can send a legal notice to the said brother and ask for the partition of the property , and if no response then file a partition , declaration and injunction suit before the court for partition of the property , declare that the property was purchased from the fund of father , and to restrain your brother from selling the plot .
Hi,
1. Proof of Payment:
The document you have provided seems to indicate that your father submitted a demand draft for the amount equivalent to the total amount of the tentative sale price of the site. This could serve as some evidence that your father paid the consideration for the property. You might need additional supporting documents like bank records, receipts, or any correspondence related to the payment to establish a stronger case.
2. Beneficial Ownership:
The beneficial ownership of the property would depend on various factors including the legal ownership of the property (as indicated in the property title documents), any will or testamentary documents left by your father.
3. Legal Heirs' Rights:
In the event of your father's passing, the legal heirs (including your brother and any other siblings or family members) might have rights to the property, especially if your father's intention was to benefit all his legal heirs.
Regards
Prime Legal
What is your query? Mere application does prove that payment of condideration was made by father.
1. Please could you advise which other documents may be on the HUDA file that would support the fact that my father paid the consideration for this property? 2. Will a copy of the demand draft be on file at HUDA? If so, what will it conclusively tell us? 3. I know the name of the bank (although now it has been taken over by PNB) and I also know the exact branch. I know that his account was closed a week after he died and transferred to a new account held by now expired brother (he didn't tell me he did this at the time). Will tracing bank records back to 1975 be possible?
Asked 2 years ago
Demand draft number would be on file
2) doubtful that copy of demand draft would be in file
3)you have to approach bank for old bank records of 1975 .doubtful that you would get it after 43 years
It is indicated that the demand draft number will likely be present in the records. However, the presence of a copy of the actual demand draft within the file seems uncertain. If there is a need to access old bank records from the year 1975, it is advised that you approach the bank for assistance. Nonetheless, considering the considerable passage of 43 years, obtaining such records might pose a challenge.
1. If your father had paid the consideration amount then he should be knowing the mode of payment, hence he can recall the mode of payment and look for a copy of the same in his possession, but since he is died, you can search for an evidence in the possession of the HUDA.
2. It is a very old transaction, hence it may not be found but that will not prevent you from making a search for the same.
3. You can try that if the bank cooperates for tracing the records which is five decades old.
1. Bank receipt or draft of bank and trail of money in getting prepared draft or making payment.
2. No.
3. No.
The payment and transaction by father is barred by law and also barred by limitation etc.
Yes it will be in the records of huda and you can get the same
1.You can get the payment details from HUDA. Once the DD no. and date is obtained, you can get further details from the concerned Bank to find out fropm whose account the said amount has been paid to HUDA.
2. Payment details i.e. DD No., Name of Bank and Branch, Date of the DD can be found from the records of HUDA.
3. The statement of accounts for that period from the Bank can be obtained. The Court can direct the Bank to submit the said statement.
In this situation where my father has paid for the property, but it was allotted to my brother (both now expired) - the overwhelming opinion appears to be that my father's legal heirs should inherit the property. Please could you provide the legal precedence (including case law) in support of your views......whether that is it should go to my father's legal heirs or my brother's legal heirs.
Asked 2 years ago
Property was bought in uncle name for benefit of joint family
on father demise you can claim property as legal heir as no consideration was paid by uncle
Your father is not alive to establish the fact that he only paid for the purchase of the property, neither your brother is alive to agree to your allegations.
In the absence of the person who funded for the purchase of the property or the owner of the property,. it can be concluded that the property belonged to your brother alone and hence his own legal heirs are entitled to succeed to his estates left behind upon his intestate death.
Don't be misguided by irrelevant and legally non maintainable or invalid opinions.
It will go to the legal heirs of the father that is your mother& her children first thereafter the other class of heirs will be considered as per law of succession
Dear Client,
In the event of your father's death, the beneficial ownership of the property will pass to his legal heirs. This includes you and your other siblings. Your brother's legal heirs will not have any claim to the property.
The legal precedence in support of this view is the case of Ram Gopal v. State of Punjab, (1974) 1 SCC 381. In this case, the Supreme Court held that the beneficial ownership of a property will pass to the legal heirs of the person who paid for the property, even if the property was allotted in the name of another person.
The following additional documents may also be helpful in proving that your father paid for the property:
- Bank statements showing the transfer of funds from your father's account to the HUDA account
- Letter from the HUDA authorities acknowledging receipt of the payment from your father
- Witness statements from people who were present when your father paid for the property
1. As per law the property stands in the name of your late brother & his legal heirs shall inherit it.
2. To claim that your late father's legal heirs will inherit it in place of the legal heirs of your late brother, it has to be first determined that the property actually belonged to your late father for which you shall have to file a declaratory suit praying for a declaration that the property actually belonged to your late father who bought it in the name of your late brother.
Thank you that's very informative. Please could you provide a copy of the entire law report for the case of Ram Gopal v. State of Punjab, (1974) 1 SCC 381. Unfortunately, I cannot find it on the internet. I would really appreciate any other important judgements too.
Asked 2 years ago
Unable to find the judgment cited by you
Sir we are entitled to give judgement copies in the aid consultancy
You contact the advocate who referred the said judgment to you to get the extract or copy of the same privately instead of posting this query in the public forum like this.
unable to find.
- If father has payment proof for the amount in his name , then a complaint can be given by him before the HUDA
- Further, if no response, then he can file a declaration and possession suit before the court for transferring the allotment after cancelling the documents in the name of brother.
- If your father is not alive then the legal heirs can take legal action against the brother.