Bhanu Pratap Singh (Sales Executive) 03 April 2015

Father gifted property to sister while my money is invested.

Dear Sirs,

Thank you for the kind replies & advices given by you in the solution of my last Post- "Money Invested in Father's Property".

Please help me out once again.

My father has been left the world in August 2013. Few days back I came to know that my Sister has been transferred the property in her name by a Gift Deed by my father in October 2012. Few days back when I visited Tehsil Office and asked the latest Khasra Khatauni Copy then I came to know that it has been transferred in her name.

In July 2012 my mother sent me a notice thru an Advocate that Father is a patient of Brain Hamrage and unable to recognize anybody and only can recognize family members after continuous treatment. They mentioned that they have not taken any loan from bank and not received any amount in their account. If I have taken any Loan means its by cheating only.

Now in the Gift Deed they have mentioned that they have taken Loan from Bank (Not disclosed that it is a Joint Loan). Property is given in Gift to my Sister and now she is the Owner and will make Repayment of the bank and will take care of my Mother And Unmarried Sister. But she is living in another City with her Husband who is a Doctor. She is not paying the EMI's of the bank. In the Gift Deed they also mentioned that the behaviour of Mine & my wife was rude so they have declare via a Newspaper in 2011 that Father has disown me from his property. That time also we were living there and House was Under Construction.

I have taken Home Loan from bank jointly with my father in December 2010 in which I was the main applicant and as the Land was in the name of my father he was the co applicant and constructed the First Floor with the loan amount and my own earned money and some amount taken from relatives. Ground floor was already there and constructed without any loan by my father. I am continuous paying EMI's of the bank. First Floor is with us only and in Ground Floor my Mother & unmarried Sister are living. Now my mother is trying to put us in Jail any how by false allegations. Even the Policemen in the Police Chowky also know that we are suffering and they adviced us to leave that house for peace.

I am continuously repaying the EMI's of the bank every month. Each payment to bank, Suppliers, Contractors has been made by me only and paying in present too by Cash & Cheques. We want to serve my Mother but she is totally in control of my sister.

Now I am afraid my Sister, Her Husband, Mother can do something wrong with me, my wife & Daughter for that property.

The property comes under the Village Area and Agriculture Land.

Now please help me on below points....

1- Is the whole house is now of my sister legally or is there any chance to fight legally?

2- Should I stop the repayment of the bank? What can be the Profit/Losses?

3- Can my sister throw us out of the house legally? She never did this in this time after the Gift Deed. But she was used to say that she will throw us out legally after Mother & Father death.

4- Should I go for a deal with my Sister or Fight for my money/House through the Court?

5- Should I process for money or Can I declare the property in my name through Court.

At present I am working in Mumbai and my Wife & my Daughter are staying there in the First Floor of the House.

I Request You to Please Advise & Guide me so that I can Escape from the losses.

Yours Truly

Bhanu Pratap Singh

Dehradun

E-Mail: negi1212@gmail.com

Reply Follow

4 Replies

pritam 03 April 2015

Try to add value to the discussion, with your each post.

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Subash M R (Advocate) 03 April 2015

1- Is the whole house is now of my sister legally or is there any chance to fight legally?

Ans:-If you can establish in a court of law that you have invested in constructing the first floor of the building which has been given to your sister by way of gift by your deceased father without your consent,then you can reclaim it.

2- Should I stop the repayment of the bank? What can be the Profit/Losses?

Ans:-If you stop EMI,then bank will take legal action against you and the property.

3- Can my sister throw us out of the house legally? She never did this in this time after the Gift Deed. But she was used to say that she will throw us out legally after Mother & Father death.

Ans:-She can provided settling your claim in the property.

4- Should I go for a deal with my Sister or Fight for my money/House through the Court?

Ans:-Try to settle it amicably,otherwise go for legal way.

5- Should I process for money or Can I declare the property in my name through Court.

Ans:-Assuming that the property is self acquired property of your father, if so, the former would be acceptable.

Thanking you,

Bhanu Pratap Singh (Sales Executive) 04 April 2015

The property is Mortgaged with the bank and father gifted the property to sister without bank's Consent as well as without mine and sister transferred the property in her name in the Tehsil documents/record in Dakhil-Kharij. Still the Original Registration Papers (Original Sale Deed) of property is lying with the bank.

In this case Is the Deed is Valid & Is my sister is Owner now?

Regards

Adv S K Gupta (Advocate High Court) 04 April 2015

What do you mean by this, have you taken any loan -

"In July 2012 my mother sent me a notice thru an Advocate that Father is a patient of Brain Hamrage and unable to recognize anybody and only can recognize family members after continuous treatment. They mentioned that they have not taken any loan from bank and not received any amount in their account. If I have taken any Loan means its by cheating only."

Were you not aware of this public notice it means a lot -

In the Gift Deed they also mentioned that the behaviour of Mine & my wife was rude so they have declare via a Newspaper in 2011 that Father has disown me from his property. That time also we were living there and House was Under Construction.

Answers of your case

1- Is the whole house is now of my sister legally or is there any chance to fight legally?

On record Prima-face it is so.

2- Should I stop the repayment of the bank? What can be the Profit/Losses?

Profit - Free from liability.

Loss - You dont try to share family responsibility will be proved.

3- Can my sister throw us out of the house legally? She never did this in this time after the Gift Deed. But she was used to say that she will throw us out legally after Mother & Father death.

Eviction can be done only by court order

4- Should I go for a deal with my Sister or Fight for my money/House through the Court?

Keep open all options, your ground legally looks weak.

5- Should I process for money or Can I declare the property in my name through Court.

Try to take money, it will be easy for you