Property dispute
Ajay
(Querist) 26 April 2012
This query is : Resolved
Hi,
I bought an apartment in ahmedabad around 8 years back for 10 lacs. To buy this property I got loan of 7 lacs from HDFC bank and borrowed one lac from my employer and got remaining 2 lacs from my father. My father was co-applicant for home loan too.
I occupied that apartment for year and half and after than I got an opportunity to move to US so I allowed my brother to stay in my apartment.
When I was in US,every month I used to send whatever I could save in my father's account in India and he said that he used that money to pay installments and for savings.
After couple of years my brother took my parents in confidence and made him sell his property and asked them to transfer into my apartment and stay with him.
I returned back to India 6 months back and found job in bangalore so I told my brother I want to sell my apartment and planning to buy one in bangalore, I also offered them to move to bangalore and stay with me. I still had 5 lacs due as home loan at that time but as soon as my brother came to know that I am planning to sell apartment, he made my father pay off remaining 5 lacs loan amount and tried to get the original papers. But luckly as property was on my name bank did not give those papers to my brother. When I came to know about this, I contacted bank and collected originals from them.
Currently, the property value is around 70 lacs, it grown in 7 folds.
Now, my brother took my parents in confidence and not vacating apartment, he is saying that as my father paid installments from his account, this apartment belongs to them and they won't vacate.
Please let me know what are my options in this case.
I will appreciate all your help.
Thanks,
Ajay
MohammedRaffiq Bijapur
(Expert) 26 April 2012
At first instance if u dont want the property be with u sell it as soon as possible.
Be sure that u have just obtained hand loan of Rs.2 lac from ur father without an intention to make him as joint owner.
prabhakar singh
(Expert) 26 April 2012
As it is proved that you have been sending money in your fathers' a/c,payment of loan from his a/c to bank or a help of 2 lakh at the time of purchase can not make him owner if the sale deed is exclusively in your name.
You have right title and interest exclusively in the flat ,if you are only mentioned buyer in the sale deed.
But the question is that you are not in the possession and any buyer from you would like to have possession then and there.
To meet this circumstance if your negotiation to get its' vacant possession fails,you may need to file a suit of eviction on the ground that you have entrusted the possession to them as care taker but now they are denying to vacate.
Better visit a local lawyer.
Adv.R.P.Chugh
(Expert) 26 April 2012
Mr.Ajay,
Your brother's possession is your possession in the eyes of law, you can as advised by Mr.Singh file a suit for eviction, and then deal with the property as you like. The fact that the EMIs were routed through your father won't make him a co-owner in the property, in absence of specific stipulation to that effect.
Please keep handy the records of money remitted to your father's a/c.
Feel free to talk !
Raj Kumar Makkad
(Expert) 26 April 2012
I endorse the advice of Mr. singh and Bharat. This is very simple matter. The claim of your brother is not tenable before law and you are exclusive owner to the property.
It is further advised to send an amount of Rs. 2 lakh to your father with interest with a registered letter re-paying loan amount taken some years ago against the loan meant for purchasing the aforesaid flat.
I am hopeful that a greedy person shall accept it without caring for its consequences. Once he accepts and encashes the cheque sent by you, his claim shall further falsify.
ajay sethi
(Expert) 26 April 2012
the problem is you take any legal proceedings you are ruining relations with your brother and your parents too .
go and have a family confernce . try to work out an amicable settlement . even if you have to pay some money do it .
litigation is time consuming affair . your brother must be jealous of your success . try to reason out .
Shonee Kapoor
(Expert) 27 April 2012
I endorse the expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
