property purchased from property of mother but ....
sanjay
(Querist) 11 July 2010
This query is : Resolved
a plot of 1000 Sq ft purchased 1978 with money from my mother and her Jewelry sale but property register in the name of my grandfather.
all investment on eviction on that plot was done by my mothers from her income as she was the govt servant and earner of family. father do nothing after marriage.
in 1984 a power of attorney and Will was registered in the name of my father.
in 2004 my grandfather died. in 2006 father got court decree on basis of that Will being sole owner of the property.
now father want to sale this only house for money. what are the right of my mother and mine.
how can we stop him from sale of property
plz advice me ...
i will very thankful to you.
adv. rajeev ( rajoo )
(Expert) 11 July 2010
Very difficult, because mistake is done by registering the property in the name of grandfather.
There is a will in your father's name. You have to do one thing your mother will have to file suit for declaration that declare he is the owner of the property which was regd., in the name of G/F, but heavey burden lies on your mother to prove that she purchased the property by her own income and regd., the property in the G/F name.
Devajyoti Barman
(Expert) 11 July 2010
Tough difficult but surely there is a way out.
If your mother has got good proofs to show the source of money for the purchase of that property then she could file a suit that the property was purchased in the benam of her husband and at the same time can pray for injunction to restrain your father from transferring it.
sanjay
(Querist) 11 July 2010
rajeev and DevaJyoti Thank you very much for your reply..
yes my mother was working in govt job ta the time of purchase of plot.. while my father doing nothing as well as my mother father came in this city for reason of my mother's job.
she has withdwowal some money from her PF account and her jewelary gifted to her on marriage From G/F n same was sold for the money for purchase of plot...
yes some part of money given by G/F
I hope my father will accept tht fact in the court on oath.
can it be a good proof?
my father in declaration suit(2006)has filed affidavit tht he has 1 bro n 2 sis who given NOC to him ,,,while he has 1 bro n 3 sis ..
what are the consequences of false statement in affidavit in court?
plz advice me ..
i will be thankful to you
Chanchal Nag Chowdhury
(Expert) 11 July 2010
1st: Your mother should get all the evidence together. At that time Benami Transactions were legal.
See if your mother had declared the purchase in her Income Tax Returns.
Even now, Benami Transactions are allowed between Husband & Wife.
Uma parameswaran
(Expert) 11 July 2010
Your mother have not made any objection at the time of Court order on WILL. From 2006 onwards, your father has been the absolute owner of the property.So your chance to challenge the ownership is little.
You can challenge the Affidavit before Court of Law.
