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(Guest)

Opening my deserted house after 4-5yrs of abandonment

Hi,

Background
----------

I am an NRI in USA from past 16years.

 

I own a house in Bangalore.

 

While I was in India, my parents, myself and my wife were all staying in the same house. After I came to USA, my parents continued to stay in my house, But myself and mywife stay there while we make vacation trips to India.

 

Both the original keys to my house are with my parents, I just have a set of duplicate. 

 

Our household items (myself and my wife's) is still in my house in India. 

 

My parents stayed in my house till recently (4-5 years back) , but deserted my house for no reason and moved to my brother's house.

 

I am working through EldersHelpline from begining of 2014 to resolve this issue with my parents. 

 

My dad passed away around 10 months back.

 

I requested my house original keys with my mom and dad multiple times, even through EldersHelpline. My parents claim they have fedexed me the keys. I didn't receive any.

 

I am NOT sure whether they did change all of my house keys.

 

Even Eldershelpline says that my parents have conveyed to them that the original keys were fedexed to us. Elderhelpline says this info over the phone, but not in writing.

 


My Query
--------

I will be sending my wife to open the 4-5 years deserted house.

 

(a) Is it better to mention about this key issue to local police station? Most likely my mom will be having original keys of my house, but she is not disclosing it.

 

(b) If my duplicate keys won't work, then we need to open the house through locksmith, do we need to mention even this to police station?

 

(c) House is in my name, my wife will be carrying the (i) marriage certificate, (ii) copy of my passport and (iii) copy of her passport to police station. (iv) Copy of Khatha?  (v) Copy of latest property tax receipt? Would this suffice as proof for police? Any thing else? 

 

(d) We are planing to proactively inform police about this issue, and take a constable while opening the house. Is this good idea?

 

(e) I am planing to clean and maintain the house for our future vacation trips. Infact I did request my mom and my brother to actually occupy my house. But they are not interested. Eldershelpline is aware of this. 

If my mom and my brother comes to my house for any dispute (while my wife is cleaning the house), we want our local Police to instruct my mom/brother to rather work through Eldershelpline, instead of unnecessary dispute. Will our local police will be able to help us in this? In a nutshell, any dispute, instead of direct confrontation, let them come through Eldershelpline or through court. I am ready to challenge. 



 1 Replies


(Guest)

Another quick question -

 

At the time of purchasing my house ( well, it’s only on my name), since I already had the plan to work in US, I was using my dad's postdated checks for payments towards my house loan.

 

After coming to US, I was transferring my money from my bank in US through ICICI and finally into my dad's bank account in India while clearing the loan.

 

In fact I did deposit around 27 lakh(s) over period of first 10 years itself. Out of 27lakhs, 10 lakh(s) was towards clearing my house loan (which I did in just first 3 years). Rest was for my dad/mom, for their day-2-day expenditure (apart from staying in my house).

 

But, at the time of buying the land (in 1999), while in India, I collected money from various local money-lenders and registered the site in my name. I don't recollect whether I transferred the money from my bank account to my dad's account, OR did I directly deposit into his account.

 

My mom is claiming that the money for the site belongs to them, and the proof is my dad's cheque leaf which is recorded in the land purchase sales deed. Do I need to worry about this? Just the cheque details are mentioned, not the details about who owns that account.

 

Can this usage of my dad's cheque-leaves create any issues? If there were any options to exploit this cheque-leaves usage issue, I assume my parents would have already exercised it, and wouldn't have waited all these years.

 

In fact, for the entire house purchase transaction ( and subsequent monthly EMI payments), cheques-leaves were from my dad's bank account. Well, I am software dev from the beginning of my career, hence made good money from the beginning. I have proper SARAL tax-filing even while in India itself to justify the money towards my site purchase.

 

-Oscar


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