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Querist : Anonymous (Querist) 27 February 2011 This query is : Resolved
kind sir

my brother took loan from my father he gave him money from his PF and Gratuity .my brother bought flat on his name.

after three years of his marriage his wife filled a case against him in court .court seized the flat till final order .

father is old enough and have no source of income he is demanding money from his son who is currently unemployed and under medication.

my father dont want to stay with him as his wife doing all this with a purpose to give mental harrasment to my father so that he will and the entire property will come in her hand as my brother is in mental medication, and father was residing with him .

kindly give idea how my father can save his hard core life long savings, for his bread and butter he wanted to release that flat ?

is it possible that if property is on the name of son but more than 50% of the purchase value was given by father can be released from court?

thank you in advance

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Devajyoti Barman (Expert) 27 February 2011
No the father can not reclaim the flat any more. If he has got proof he can file suit to recover the money from his son but not the flat.

mahendrakumar (Expert) 28 February 2011
if the father has proof of paying the amount,he can initiate a recovery proceeding against the son.

further,if the son can prove that same money has been used for the purchase of the flat,as a debtor,father will have first charge on the flat.