I am an NRI. In 1993 I purchased 9 acres of farm land and later in 1994 got it registered it in my father's name as I was not able to come to India. Later when I came to India in 1995, my father wanted to transfer the title to my name. But one of my friend who is Bank Manager advised me that if it is transferred to my name, my father cannot take crop loan which most of farmers opt. Transferring it to my name makes sense only when I return back to India for permanent settlement.
After discussing with my brothers, I explained about crop loans facility from the bank & constraints to him after transferring title to my name. Finally advised him to retain it in his name only until I return back to India for permanent settlement, for which he agreed.
After 5-6 years later, there some disputes erupted between my father & brothers. As a eldest son, I tried reolviing them. But my action not to blindly follow what father said made him unhappy with me. So he started playing tricks saying he will sell the land or donate to a religious place. But his friend's (elderly persons) advised me to ignore him & move forward with my brothers.
Finally in 2010, everything was calm as there were many ups and downs which made my father to be amicable with my brothers. Prior to my returning back to my work place, my father expressed his desire to transer the title of farm land as he is becoming old as some of developments had compelled him of come to me & say so. After listening to him, I told him that when started behaving in untoward manner, I was thinking of stripping him off from the title. But thankfully you have improved & realised what is good for the family members. However, there is nothing wrong in accepting his proposal but being NRI, I am not supposed to own agricultural land. Therefore, once I return back he can transfer me the title.
In response, he said day by day he is becoming old, and since one of my yonger brother had died within few months of his marriage due to marrital dishormany. So there is probability of unnecessary issues hence it is better to transfer it in my name. Listening to him, I said don't worry nothing wrong will happen with us.
During one of my recent visit to India, I conveyed my desire to return back to India for permanent settlement & start dairy forming or something similar. Accordingly now I have decided to return back to India. But now my father is not in good terms with me and my brothers as we did not listen to his words, as we felt it is not correct to follow what he says.
He is now saying since I have refused to follow his words, he will deprive me of my sweat. He is saying he will either donate this land to a relogious matt or sell it out. Our relatives have tried to pursued him but he has shouted at them. Now my brother is thinking of extreeme but I have contained him.
So I want to know whether my father can legally deprive us? After all the property in question is bought from my earnings. All my family members including my mother are aginst his intentions. So is there any legal way I can restrain him from doing any nonsense.
Note that, I am still required to stay abroad for one year or 18 months more to complete an assignment. But at the same time, I dont want to see any unpleasant happenings in absense.
Would appreicate guidance from legal freternity on the above.
Regards,
Shivayogi.
