My Father gave some amount in the year of 1998 to his brother to buy a land and construct a building in it. My father never checked the legal document of the property.In the year of 2001 we have separated and we got to know the property is not in my father's name. From 2002 the building is given on rent to a nationalized bank, the bank is still operating from there. Now recently we have got to know my father is having 0.01 Acre, out of 0.10 Acre, for which mutation wasn't done from the original buyer. Now we have done the mutation and all the paper are with us for the 0.01 Acre. 1. In this situation I want to know can we claim for the bank rent ? 2. My uncle have take a house loan on same property and built 1st floor in that property, we haven't supplied any consent on that(there is no document or signature from our end for the loan), if we claim for the rent, are we responsible to repay the loan amount too ? 3. Can we claim for the due rent from 2002 to till date ?
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How was money advanced by cash or cheque?
2) does your father have any evidence of funds transfer ?
3) if so father can file declaratory suit that he is absolute owner of the property
4) seek injunction restraining uncle from selling the property
5) also seek rentals received by uncle from the property
6) if uncle has taken loan it is his liability to repay the loan
The advance transaction was over cash, but my father took personal Loan for that (My father is an ex teacher) we have loan documents with us. As per the current situation we are owner of 0.01 Acre. 1. For this we are planning to write mail to bank to give us share on 1:9 (Uncle : Father) ratio. Is this advisable by you ? 2. As we do-not have proper transaction evidence, can we clam for due rent from my Uncle on that ration (1:9) at least ?
You have no documentary evidence of advance of money to uncle for purchase of property
You will waste money on legal fees and chances of success are bleak
1. Send the bank notice stating your part ownership and claim part of rent.
2. Do note that the bank having been inducted by the co-sharer( your uncle) it may refuse to pay rent to you.
3. In that event you can send eviction notice to it on the ground of default of rent.
4. File partition suit as well so the court divide the proeprty as per share in physical form.
5. You can claim share only in relation to .01 acre.
A. Your father cannot claim rent on the property due to not having ownership title. However, if the construction of the building which belongs to rented portion is coming under your father 0.1 portion out of 0.10 then only claim his respective share (his portion share) over the property. As such, you may intimate(notice) to the bank by sending registered post for the future correspondence.
B. The bank sanctioned the loan to your father's brother based on ownership title under the Mortgage Deed.
C. Your father would not be liable to pay any loan if your father had not involved in all the loan transaction like agreements etc.,
D. You can recover the rent since 2002 under mesne profits If the rented portion is coming under your father portion (0.1 Acre).
1. You can not claim the rent from the Bank since the title of the building which the Bank has taken on rent stands in the name of your Uncle. Out of 010 Acre where in the building was constructed, your father owns .01 acre i.e. 1/10 th of the said property. Which part of the said .01 Ares belongs to your father? Has the building been constructed on your father's demarcated land? If yes, then your father can claim ownership of the building constructed on his land otherwise not.
2. If the building has not been constructed on the land of your father then neither you can claim ownership of the building nor can claim rent from the Bank for taking the space in the building on rent.
3. No for the reason detailed above.
1. If the building has been constructed also on your father's land, then you can claim proportionate ownership of the said building and the corresponding share of the rent paid by the Bank with arrears.
2. Your father can also claim his share of the rent due to be paid by the Bank if the condition stated above is satisfied.
1. In this situation I want to know can we claim for the bank rent ?
One cannot claim ownership of the proerty which is not in his name hence there is no question of claiming rent.
2. My uncle have take a house loan on same property and built 1st floor in that property, we haven't supplied any consent on that(there is no document or signature from our end for the loan), if we claim for the rent, are we responsible to repay the loan amount too ?
If the property is not in your name then there is no question claiming rent, you must verify from the papers that who owns the property and if it is owned by you then your uncle cannot obtain loan without your consent, you can challenge this before the court of law.
3. Can we claim for the due rent from 2002 to till date ?
Any claim beyond three years is barred by limitation.
As per the current situation we are owner of 0.01 Acre.
1. For this we are planning to write mail to bank to give us share on 1:9 (Uncle : Father) ratio. Is this advisable by you ?
Your father can very well send notice to bank about this and can claim the rent in proportion by producing the title documents held in his favor.
2. As we do-not have proper transaction evidence, can we clam for due rent from my Uncle on that ration (1:9) at least ?
Yes can send a notice to your uncle also to give the past rent in proportion.