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Deepa (BUSINESS)     18 January 2012

Mother self earned property

My mother has been working since long and due to her long service and as a gift her owner offered her a pent house for Rs.1.5 lacs. She borrowed the money from a person for interest (this person gave money to my mom trusting me that i would settle the amount since i was working) and settled to her owner. The owner doesnt want to bear the registration cost and gave the power in my name (that time my mother has no funds for regn too). I have one elder brother who is not at all working but married having a kid. Even i was married that time and living seperate with my hubby. My mom, brother and his family staying in that new flat.  Then my mom requested that I do registration and bare the cost. I talked to my hubby and we decided that we help her and spent Rs.50,000 for regn. The flat was in my mom name now.

After a year or so the person who gave money came and complained to me that my mom or brother not even paid a penny till one year. He abused my mom in front of me. So i guaranteed that person i'll take care and setlle him the amount by monthly. 

Later my hubby's business was running in loss and i coudnt settle as i said previously. Since i am working and taking care of my whole family, rental, living exp etc. Then my mom gave me an idea that instead of paying rent here, she asked us to come and live in the flat with her and she promised that she will give half share of the property. Me and my hubby thinked and made decision. We told my mom that we dont want to live as joint family with my brother nad SIL instead we spent some 4 lakhs and divided the house into two which has two entrance seperately. i.e. one for me and one for my brother. each is 1BHK. My brother or mom not even spent one ruppe for the house till now. 

Everything was fine until my brother asked for the document to pledge and start business. I was against this decision as i dont want to let the house ruin in debt. So i requested my mom to divide the property now itself and let him do the business with his share. But both my mom and brother was agains this decision and they were not interested to divide the property. So they pledged the house for 2 lacs. So i told him that I will not pay the amount for the person still i get my share. Its been two years now.

Recently i heard that my brother's business was nothing and he has not paid interest for nearly 6 months. This I told my mom but she is not considering it. 

Now I have asked her to give me share, or atleast give me the money that we spent on the house or atleast that will leave the house for lease/rent and stay seperate (not with them). They are not accepting for anything. Menawhile the person who gave money is accusing us. I am helpless.. What should I do now ?

 

 

 



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 3 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     18 January 2012

You file suit for partition and for recovery of amount you spent for a common property. Also file a case against the party who gave money to your brother on house without your sgnature.

ajay sethi (lawyer)     18 January 2012

since the house has already been mortgaged for loan no thrid party rights can be created now by your mother . if your brother is not paying installments of loan ultimately the house will be sold for repayment of debts .

 

considetr the amount you have spent on the house as  necessary for taking care of your mother and brother . since your brother is not in position to take care of your mother you have assumed that role and looked after her . your mother knows that you are working and can take care of your self but she considers your brother to be weaker and needs to be helped financially .

dont file any suit for partition . if your mother wants to give you share in property she will do so on her own accord . dont force her and let her live in peace

1 Like

Deepa (BUSINESS)     20 January 2012

Thanks for your replies. I am not willing to file suit.. however what they are doing is unfair. am i not cheated ? my elder brother is 32 and still he needs his mother's support for each and everything. I am not financially sound to leave that amount. Also in my house they are not giving respect for my hubby, so he hesitates to stay there. So he is asking me that we move out of that place. For that we need some money to search for second place. I am really confused.


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