You have to file declaratory suit that you are absolute owner of property as full consideration paid by you
2) court fees is state subject and varies from state to state
3) legal fees vary
Property purchased on mothers name and now is she is not ok transferring the title to my name
Two years back, I had seeked guidance on this platform regarding a property that I had purchased on my mother name while I was abroad but after I returned to India, my parents had refuted to transfer the rights. At that point in time, I had immediately filed a case in the local civil court for the stay. My so called parents also came across and cunningly charged me for doing Benami transaction - they said to court that the property is theirs and money I had sent from abroad via banks was to avoid tax, so court has no right to hear the case and case should be dismissed. After reviewing all the points, court has recently dismissed their petition in my favor. My lawyer is suggesting to file a declarative suit as I have all the proof of transactions including loan that I had taken and paid from my side. I need help to understand, will filing declarative suit be a right step at this stage. Considering the area of jurisdiction being Rajasthan, how is the court fee calculated and how much I should be paying to the lawyer.? Consider property value to be between 50 lacs to 70 lacs roughly. Any other advice in this case will be very helpful for me to move forward and take the right decision.
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
1. Your Lawyer has rightly suggested that you should file for Declaratory suit, since you have all the proof of transactions in respect of the property in question.
2. Filing Declaratory suit at this stage would be the right step for you.
The court fee payable for filing the proposed declaration suit can be enquired because it differs from one state to another.
The lawyer fee would be informed by the chosen lawyer.
You need to file a suit and claim it by proving that same is bought by your known source funds and not hers
The proof of transactions is from my account into parents accounts when the land was purchased and house was built. Bank Loan of 15 lacs is in my name and even the repayment was from my account. So, I didn't pay to the other parties directly from my account but to my parents account. Will the declarative suit still work in my favor and what could be the scenarios for this suit going against me.
Asked 2 years ago
Enclose copy of bank statements wherein funds were transferred to parents account for purchase of property
You should file declaratory suit that you are absolute owner of property as funds for purchase were transferred to their account and bank loan was taken by you
You can file the copies of the bank statement, loan repayment statement, the circumstantial evidences to support your plaint averments to establish the facts in the proposed declaration suit to declare your title and interest in the property.
It will be in your favour if you prove the same as stated above
- Since, you have proof of payment with you for the purchasing that property in the name of mother , then you can claim ownership after filing a declaration suit before the court
- The lawyer fees is depend upon the person to whom you engaged and not fixed
- Further, court will for the declaration suit is very nominal , however it depend upon the state to state.
- If your mother is in possession of that property , then you should file Suit for Declaration , Mandatory & Permanent Injunction .
Declaration suit with the prayer of recovery of possession will file for sure. Contact for same, fees we will discuss. Maximum chances of your success. All transaction details will be needed. Sale deed is in your possession ?
Court fees will be heavy but will try to find out way to reduce court fees.
Dear Client,
Any individual who possesses any legal character or rights to property, whether by title deeds or another means, may bring a lawsuit to establish those rights and to get an injunction against anyone who would try to deny them. Once the plaintiff establishes his entitlement to the legal character or right to property, he still has to persuade the court that the defendant has denied or is motivated to deny the plaintiff's legal character or right in declaratory cases. Declaratory cases are a useful and significant remedy since they aim to remove the current source of conflict and avert future litigation. As per Article 58 of the Limitation Act, 1963, one has three years from the day the right 'first' accrued to obtain a declaration.
Hope this answer proves beneficial to you.
