Property
sam
(Querist) 07 April 2016
This query is : Resolved
Sir;
My brother in law(Husband brother) he bought a 3 bhk flat & when he bought that he said it willl be between him & my husband ..But i guess the bank loan he took said bank does nt give loan to a shared property which is not on papers ...My husband paid 21lacs of all the total amt.& my brother in law was supposed to share the proeprty legally on my husbands name aswell(50-50).But he hasnt done so far..so How can we retrieve money we paid to him or Isthere any law where he can share property with us
kavksatyanarayana
(Expert) 07 April 2016
if you have any proof for the loan amount paid by your husband, then you may sue him in a court of law, by approaching a senior counsel.
Kumar Doab
(Expert) 08 April 2016
Obtain the proof of acceptance of sharing, and payment.
R.K Nanda
(Expert) 08 April 2016
agree with experts.
Devajyoti Barman
(Expert) 08 April 2016
Query is not clear as far as wrongdoing done by your brother in law.
bank is not obliged to return the money though your husband can file such case against his brother if he has proof of payments.
Rajendra K Goyal
(Expert) 08 April 2016
Whether the bank loan was in the name of both?
Whether your husband has the paid the amount through banking channel?
I guess, the Bank loan was in the name of owner (BIL) and your husband paid money required above the loan entitlement / sanctioned.
If your husband has proof of payment / any written agreement he can claim his amount.
In such cases Learned expert, Sudhir Kumar ji has advised that such loan need to be treated as charity with no hope of return.
Kumar Doab
(Expert) 08 April 2016
Obtain the proof of acceptance of sharing, and payment.
If you have difficulties in understanding the advise of experts approach an able counsel in person and understand the options and remedies.
