Opening my deserted house after 4-5yrs of abandonment

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

You are not certain about the facts. It is impossible to make any definnie suggetion.

1) 
Dear Oscar plz state the brief fact not full storry. since what are ur querry be specified.

2) If ur querry is clear then only we will be able to guide u.

Thanks

1) The house is in ur name.  Attempt to break open ur house in the presence of outside witnesses

and take panchanama of articles.

2) If any one obstructs, lodge police complainst against tresspassers.  Police will not interfere in civil dispute if ur mother obstructs.

3) Payment of cheques will be in evidence stage not now.  Discuss with a local lawyer experienced in Property law who can better advise u.

4) Issue PoA to ur wife or someone who can act on ur behalf.

Dear Querist,

If you have keys, open, if you dont have keys, dont break open, get original keys and open with permission of person who gave you keys to open the lock.  Rest all if you do will invite trouble legally.

Advocate Bharat,

Since I had the plan to come to US for work at the time of purchasing my house itself (1999), I used my dad's cheque-leafs for all of the house transactions (well, my dad suggested this since he said he will be in position to give post-dated cheques to Bank for EMI at regular intervals even if I am not in India).

Now 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. 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 that I was earning well enough to cover the cost of my site purchase.

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.

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).

For the entire house purchase transaction ( and subsequent monthly EMI payments), cheques-leaves were from my dad's bank account.

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.

Can this usage of my dad's cheque-leaves for purchasing my house create any issues now, since my mom is making noise about it?

Dr Katta Venkata Rama Krishna,

I am in US, my wife will be going to India in next couple of days.

How serious can it be if my wife break opens my house (in presence of constable) without a POA from my side? I can always justify that I instructed my wife to do that. She will be carrying all other proofs that I mentioned in previous posts. This POA didn't flassh to me. Any how I am owner of the house, and we never vacated the house in India.

How to create POA for my wife? Through Indian consulate? Would it be possible to create in just 2 working days?

Regarding contents of POA, should I have to work through the Lawyer and get it drafted?

-Oscar

Dr Martin,

We did request our original house from my parents from past 4 years ( when they abandoned the house some 4-5 years), even through Eldershelpline.

I am the owner of the house, we never vacated the house. And I have a duplicate set of keys. Just originals are with my parents. My mom is saying they fedexed those original keys to us. We never received it.

My wife would need to break-open the house only if my parents had switched those locks to a different one. Even she was residing with me in that house in India after our marriage till we came to US. 

What is actually bothering you people?  Why this hesitency to go into your own house?  Why is it that you think your parents might have got locks changed?

All this looks like huge property issue, if your dad or mom wants to play, this property will be in court for a long looooooooooooooong time to come.  Its best taht you contact your parents and go for settlement, talk it out, and see what they say, without doing anything you are simply contemplating things, which is of no use to anyone.

Even if locks are not changed, and as cheques are gone from your dads name, he can still go to court if he thinks the property is his.  Anyways once you or he go court, its a never ending process.

As ur dad passed away, you talk to ur mum, solve this matter, if matters wont solve,.... All this cant be done online, you need to come down, bring all papers, sit with a lawyer like me, and take things forward.