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Shal Rohan (Chartered Accountant)     18 October 2009

Father son property dispute

I have invested my past 12 years of earnings in a house property (including land), which unfortunately as I was abroad i sent the money to my father to buy the land and build the house. Which he built in his name. Now the land and the house are in his name. He threatens me to give it away to my sisters. I am the coapplicant to the loan taken for that house. I have been paying EMI for the last 6 years and have 3 more years to go. Please advice me.



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 14 Replies

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     18 October 2009

IT IS YOUR MISTAKE , uhave not added your name to property. it amount to gift of money to father and he used for property . olease inform whether your name in teh property purchased by your father

Shal Rohan (Chartered Accountant)     18 October 2009

Thank you for the prompt reply Sir,

I am neither the co owner or Joint owner to the land or the property. However, i am the coapplicant to the loan taken for the construction of this house.

Please advice if i can contest this as a Benami transaction in the court of law..?

Thanks sir for your advice

Shal Rohan (Chartered Accountant)     18 October 2009

Also I have made all the payments from US by way of wire transfer. THis was  the money used to build the house.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     18 October 2009

please inform , whether all payments are made?

HOW amount shown in  your account  and your father acount?

if settlement is not possible , ucan file suit for benamo transaction, but chance is 25%.

you have transferred money to your father account , willingly , and therefore it is gift of money.

U are charetered accountant , EVENTHOUGH legal advise is necessary , SO MANY PERSON COMMITING SAME MISTAKE.

YOUR name should have 1st in the property as u r making payment.

NOW your father have to make WILL in your name  OR

atlpresent make gift in your favour .atleast now if possible add your name

 

Karl Jacob (Partner/Advocate)     18 October 2009

As our learned friend Bhanu has said, you ought to have entered your name as a co-owner in the land your father has purchased. Now that your father owns the land in which the house is constructed with the loan fund, your father is deemed to own the house eventhough you are paying the laon EMIs. If you even proceed to file a suit, you will be entitled to obtain only compensation amount and not the property.


(Guest)

Who is coapplicant? If your father is coapplicant you can claim. you have to show your father's source of income. with your money transfer receipts, declaration in bank application you can file a case for claiming ot the property (worth of amount you sent to your father and payment receipts to the bank from your account). Contact a well experienced Advocate in your area. 

1 Like

Shal Rohan (Chartered Accountant)     19 October 2009

Thanks for the reply. For more clarification

I had paid the money for buying land through wired transfer from US.

To build the house, I came back to india and took the loan. I am the coapplicant for the houseloan and have paid all EMIs for the past 6 years through postdated cheque transactions.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     19 October 2009

pl. read mu above two advise given.


(Guest)

Dear Rohan ji,

You said co-applicant but named your father or some one else. if your father is your applicant you can claim. As I said above 

1. You have to produce nature of your father's income

2.Your father's bank statement

3.Your Bank statement

4.Proof of wired receipts

5.EMI paytments statement etc.

Please keep in touch with well experienced Advocate in this regard.

Shal Rohan (Chartered Accountant)     20 October 2009

Dear Satya Prakash ji,

My father is the coapplicant. And also he has given a declaration in writing that I am the one who will be paying the EMI and that he will not be claiming any tax benefits on this.

HIs income level certainly does not justify such a property in his name.

Sir, can you please suggest a good advocate in Banglore. MAy i know which place do you belong to.

Thanks.


(Guest)

 

Dear Rohan ji,
 
As your father is your co-applicant and you are also legal heir to him also. You said your father is not having that much of capacity to purchase or build or payment of bank loan. As a father he looked after construction and for payment of Bank loan only. For that reason you made your father as your co-applicant. You are living in abroad. You have all proof that all money is yours. Might be with good intention your father registered all property on his name. As a son, legal heir and investor, now you are claiming your property. Your Advocate will look after whole thing. Good luck.
1 Like

Shal Rohan (Chartered Accountant)     21 October 2009

Thankyou Sir for your advice. I feel some hope in legally proceeding to claim the property.

The property is of a very high value now , and I certainly cannot imagine making such a property again.

Once again thanks a lot for  your advice Sir.

Shal Rohan (Chartered Accountant)     23 October 2009

Any other new dimensions to this case by other learned forum members are also welcome, and shall help me in legally substantiating this case.

Thanks.

Akanksha   15 May 2020

Bhanu Rasputra

Thanks for putting in your lovely inputs


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