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Gopal (Working)     24 October 2014

How to prove its a self acquired property

Hi Experts,

 

I am a salaried employee and I have purchased a home with home loan from a nationalized bank in Bangalore.

Now my elder brothers and sisters are filed a case in Honorable court to claim the property as one of the HUL`s properties.

I have purchased that house with 80% from bank and 20% through check which has been paid from my salary account. Still I have to pay 5 more years to clear the loan.

Will my sisters or brothers will have any right to claim my (I am the youngest one) house, as one of the HUL`s property and claim the share, which is a joint property with me and my wife.

Please advise me to take this up in the long legal battle.

Thanks in Advance.

Regards,

Gopal



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 October 2014

Dear,

 

No they don't have claim over the same.

 

Adv Kapil Chandna

9899011450


(Guest)

First you need to check few things

1) On whose name you have purchased the flat ( Your and wife name-- Be sure on it -- if so you are safe) 

2) Whether HUF was mentioned in the flat purchase agreement or any other documents (Showing HUF of your father name or so) 

If it is pure in your and wife name , be relaxed and asked court to impose heavy cost on your siblings. 

 

Gopal (Working)     25 October 2014

Thanks a lot Sir.

1-->Yes, its in my name and my wife name. We both are working couple.

2-->No where HUF has been mentioned, however in the sale deed my father name is there its been Mentioned as Gopal S/o Raman A and Bangalore address (not my native address)

will that be fine.

Please advise.

Thanks & Regards,

Gopal


(Guest)

To my best personal opinion you are legally safe, they have filled case just to harass you.

There are other legal ways by which you too can harass them , but since it is family matter some one has to be matured enough and ignore others stupidity . You too can file various suits against them but remember it will fill pockets of advocates and you will get sadist satisfaction that you have retaliated. 

If they have filled suit you have to contest that suit in court very professionally , if you ignore that case they may get adverse order due to your neglect , so you need proper lawyer who will represent you locally in court.

 

Gopal (Working)     26 October 2014

Thank you Madhu Sir.

Its became there habit nowadays. As they hate my wife, father in law, so they wanted always some trouble/harassment  to us. As we leave in peace, happy life and nowadays my parents like to stay with us, and as we frequently travel to my native and parents stay longer periods in my home in Bangalore.

As you suggested I will contest the court in professionally and will neglect the harassment as long as I can bare.

Regards,

Gopal

Gopal (Working)     13 November 2014

Hi Experts,

Now the case has been filed in the court, plaintiff (one of my brothers filed a case) against my father and defendants (my sisters, myself and other brother). He has not included my house, as he knows its not joint family property.

My father took my sign saying that he will fight the case in the court and I dont have to go to the case. I signed that as I believe in my parents.

Now the other brother and sisters separated from Defendants list  and filed an affidavit saying that my house is part of joint property and they want share in all properties including mine.

They got married when I was kid itself, now they are claiming that my self acquired property need to be added to joint family property and filed an affidavit in the court saying its exclusively joint family property :) .

Now my mother got seriously impacted w.r.t her health and bedridden. She does not want to stay in my village due to the harassment she got and feeling very bad on what things going on in the family

When my father went to our lawyer, he is saying that, we don’t have to say anything to court on my house as plaintiff not included the house in the court case and the defendants who went off from my father are filed an affidavit that my house is also a joint property (which utterly false and they want to harass me and my family as we are living peacefully).

 

Please advise, shall I also get separated from my father (w.r.t the case) as my sisters and one brother did and file a separate case or let be with my father only and fight the case?

 

Should I ask my father to say to the court in an affidavit that the house they included is my self acquired property and does not include in joint family property?

 

Please advice.

 

Thanks & Regards,

Gopal

Gopal (Working)     16 November 2014

Any suggestions Please

Shall I also get separated from my father (w.r.t the case) as my sisters and one brother did and file a separate case or let be with my father only and fight the case?

Regards,

Gopal.


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