can registered property in ones name can be challenged
(Querist) 31 July 2008
This query is : Resolved
sir, around 8 years back a site was Bought and registered in my name by my mother from a party. the money used to buy the site was provided by my mother from the resources we had then. I had repaid that money to my mother by paying the money in instalments. Now my brother is asking for a share in this site saying that the property was belongd to my father and have given a notice from civil court .But there is no proof to furnish that the site was in my father/mother's name.My mother is supporting my Brother so please help me
(Expert) 31 July 2008
Keep all the proof of repayment to mother and no body can touch your property.
KANDE VENKATESH GUPTA
(Expert) 01 August 2008
Dear Shivumarbs, Admittedly you belong to Hind Family. If the property in question is acquired before division of the joint family, even if the property is acquired in the name of yours, the burden lies on you to establish before the court that the said property is acquired by you by your self acquired funds, and the funds of the joint family were not utilized for purchase price.
(Expert) 02 August 2008
Dear Shivumarbs, Kande has given the right candy to you. So further clarification required. However burden is on you to prove it is your self earned property and you ahave already paid the amount to your mother. If mother supports brother be cautious. There may not be any documents of payment between the mother and son. So younhave to builf d up aclear case on facts and circumstances. For that what you want first is the possession og the property or bldghs. second the orginal documents. third the tax receipts of the property or residence. Lastly the enjoyment of the property. If you can prove this prima facie you have a foundation to build yoyur case.