Family dispute on property

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
My friend allowed his father to withdraw money from his bank account when he was abroad via a power of attorney. Father bought properties in his own name (father's name) and my friend's mother's name citing that it would be easier to manage the property by local people. While my friend agreed to this, the agreement at the time between my friend and his parents was that when my friend eventually returns to India he will be given the properties by transfer of title. My friend does not have any supporting evidence of this agreement. He could prove that the properties were bought with money drawn from his account since these properties were paid from his bank account. Now the parents are going back on their promise and my friend wants to know if there is any legal recourse on getting control to the properties bought with his money. given that he has three other siblings who did not contribute anything towards this purchase of the properties. The parents want to retain control of the properties and do not want to give any promise or will in favor of my friend on the said properties. Is there a way my friend can obtain a stay order on the sale of such properties by the parents?.Can he sue on the family estate or file for partition where he can claim the properties bought with his money?. Please clarify

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Isaac Gabriel (Expert) 17 June 2011
He needs to file a case against his father to prove that the properties were puchased from out of his earnings.For this purpose he disclse the money sent to his father and claim the rights over the properties.

PALNITKAR V.V. (Expert) 18 June 2011
Mr. Gabriel is right. If you have proof that the price of the property was paid from your funds you have right in the property and you can fight for it.

malipeddi jaggarao (Expert) 18 June 2011
If the money is paid through your friend's account by way of cheques drawn by his father in the capacity of mandate holder, it is clear that the sale consideration is paid by your friend. In such case it is easy to prove that the mandate holder purchased properties out of the funds sent by his son and the property though registered in his/his wife's name, the son can go to court and claim the rights over the property so purchased.

Advocate. Arunagiri (Expert) 18 June 2011
File a case u/s 406 IPC. Everything will be solved.

Querist : Anonymous (Querist) 19 June 2011
thanks to you all respected Experts for your opinions.
Respectfully yours

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