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Lakshmi (tcs)     20 August 2010

Son's property in father's name

Iam an NRI taking care of my parents for past 10yrs. My father doesn't have any income. So I take care of my parents.My father got a property on auction and asked me money to buy it and said he will register that in my name.But he didn't. When I asked him to register it in my name , he says he won't do it. Now he is looking for buyers to sell it. What shall I do?. Will I win the case if i file lawsuit against him?. I have proof of all the money transactions occured.

Please help



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 August 2010

File a suit for declaration and injunction.  But you have to prove that you financed your father to purchased the property and at the time of purchase of the property your father had no income, burden lies on you. When the regd., sale deed is in your father's name it amounts it is his absolute property. So to show that you financed your father to purchase the property evidence is necessary.  IN this suit you will have to file an interrium application as not to alienate the suit property till the disposal of the suit.

1 Like

bhagwat patil (Property due diligence 9422773303)     21 August 2010

Where the property is located? You have every right to recover your money.If you have issued the cheque in name auction seller they ur case will have the subtance.

Bharatkumar (ADVOCATE )     21 August 2010

U file a suit with enclose all relevant document .

niranjan (civil practice)     21 August 2010

I agree with Rajooji.

R.Ranganathan (Advocate)     02 September 2010

You file a suit for declaration and permanent injunction. Also an Interim Injunction till the disposal of the suit. If you all the proofs about the payments then you can easily get the decree in your favour. But hurry and take action immediately. If you need further help you can contact ravee53@hotmail.com 

V.R.BALASUBRAMANIAN (DGM)     29 June 2011

DEAR SIR,                                                                                             DATE:         29-06-11

My son is working in U.K. under work permit.  I intend to purchase 7  residential plots in Trichy   from his

funds arranged thro his NRE account.  My  son has given written consent  for this purchase.

 Since the purchase is going to be in my name  i have the following  points for clarification:

1. Whether  i can use the money as being taken for house maintenance.

2. Whether myself or my son have  any tax binding in this process.

3.Pl. let me know , any  statutory legal requirement  is to be fullfilled.

Regards,

Thanking you,

YOURS,

V.R.BALASUBRAMANIAN


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