Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Bhanu Pratap Singh (Sales Executive)     20 July 2013

Money invested in father's property.

Dear  Sir/Madam,

I m 32 Years old living in Dehradun with my wife & daughter. Now a days working outsde of Dehradun for few months.

After 2 months of marriage in 2008 we (Me & Wife) left the house (Only Ground Floor was there at that Time) due to misbehaviour of my sisters & mother. In October, 2010 my Mother requested to come back to Home and brought us back and asked me to construct the First Floor and live there.

 I have invested money in the land of my Father. I constructed First Floor with all my money, and I have taken Home Loan from the Bank for construction of F/F. My wife & my daughter  are living in the F/F. My Dad, Mom and 1 unmarried sister living in Ground Floor. My father is Ill. My mother, Father, 2 Married Sisters now wants us to vacate the house. I am paying the monthly  installments of the Bank.

I took Loan jointly with Father because Land is in the name of the Father, but in construction only I have spended the money. Now it is 3rd Year and construction is almost complete and we are living there.

I heared that my father has prepared a Will in the name of my Elder Married Siter. Most of the time she lives there only.

My father was a Patient of Brain Hamerage 6 years back and now physically weak and suffering from Cancer and Hospitalized.

My Elder sister is Threatening to my wife & Daughter that she will through us out of the house after the Father.

Kindly tell me that....

1- Can my Sister take any Legal action to get us out of the House if exists any Will?

3- Is the WILL valid if prepared when father is Hospitalized?

2- Can we ask for our Money with interest legally?

3- What actions my wife can take for my Parents & sisters Misbehaviour?

4- Can I get the money from Bank after auction if I stops to pay the Installments of Loan?

Kindly reply & Help me.


Bhanu Pratap Singh



 2 Replies

Advocate Vishnu (Advocate)     11 August 2013

1. Yes , your sister can file a suit for eviction  But as long as you retain possession of the property, she cannot ask you to leave the premises , without  court proceedings.

2. As long as your father has good senses, he can execute a valid WILL.

3. This will depend on the agreement that has been made between yourself and your father.

4. Once you stop paying the installments, you have commited an offence of payment default and the bank will take the necessary legal measure to recover the money from you. This is a hassle.

Bhanu Pratap Singh (Sales Executive)     02 April 2015

Dear Sirs,

Thank you for the kind replies and advices given by you in the solution of my problem.

Please help me out again.

My father has been left the world in August 2013. Few days back I came to know that my Sister has been transferred the property in her name by a Gift Deed by my father in October 2012. Few days back when I visited Tehsil Office and asked the latest Khasra Khatauni Copy then I came to know that it has been transferred in her name.

In July 2012 my mother sent me a notice thru an Advocate that Father is a patient of Brain Hamrage and unable to recognize anybody and only can recognize family members after continuous treatment. They mentioned that they have not taken any loan from bank and not received any amount in their account. If I have taken any Loan means its by cheating only.

Now in the Gift Deed they have mentioned that they have taken Loan from Bank (Not disclosed that it is a Joint Loan). Property is given in Gift to my Sister and now she is the Owner and will make Repayment of the bank and will take care of my Mother And Unmarried Sister. But she is living in another City with her Husband who is a Doctor. She is not paying the EMI's of the bank. In the Gift Deed they also mentioned that the behaviour of Mine & my wife was rude so they have declare via a Newspaper in 2011 that Father has disown me from his property. That time also we were living there and House was Under Construction.

I have taken Home Loan from bank jointly with my father in December 2010 in which I was the main applicant and as the Land was in the name of my father he was the co applicant and constructed the First Floor with the loan amount and my own earned money and some amount taken from relatives. Ground floor was already there and constructed without any loan by my father. I am continuous paying EMI's of the bank. First Floor is with us only and in Ground Floor my Mother & unmarried Sister are living. Now my mother is trying to put us in Jail any how by false allegations. Even the Policemen in the Police Chowky also know that we are suffering and they adviced us to leave that house for peace.

I am continuously repaying the EMI's of the bank every month. Each payment to bank, Suppliers, Contractors has been made by me only and paying in present too by Cash & Cheques. We want to serve my Mother but she is totally in control of my sister.

Now I am afraid my Sister, Her Husband, Mother can do something wrong with me, my wife & Daughter for that property.

The property comes under the Village Area and Agriculture Land.

Now please help me on below points....

1- Is the whole house is now of my sister legally or is there any chance to fight legally?

2- Should I stop the repayment of the bank? What can be the Profit/Losses?

3- Can my sister throw us out of the house legally? She never did this in this time after the Gift Deed. But she was used to say that she will throw us out legally after Mother & Father death.

4- Should I go for a deal with my Sister or Fight for my money/House through the Court?

5- Should I process for money or Can I declare the property in my name through Court.

At present I am working in Mumbai and my Wife & my Daughter are staying there in the First Floor of the House.

I Request You to Please Advise & Guide me so that I can Escape from the losses.


Yours Truly


Bhanu Pratap Singh



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