Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Manjesh Poojary (Service)     28 October 2009

Property case

Hi,

I have constructed house in my native place at Udupi in the land registered in my father name. I have spended nearly 12 lacs for the house. I have proofs and taken house loan for the same for Rs. 5 lacs. Currently my father is not willing to transfer ownership of land to me. I want to file case against the same. Can you tell me the option for me whether I can get my money back or by paying land value I can claim right for the house ?



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 4 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     28 October 2009

Dear Manjesh,

I will suggest you first for Legal Proceedings, and then in general advice you as:

So firstly You are saying that:

" I have spended nearly 12 lacs for the house. I have proofs and taken house loan for the same for Rs. 5 lacs".

and further:

"How I can get my money back or by paying land value "

So You are having all the 'documentary proof' surely you can initiate legal proceedings on the basis of that documents, becuase you obtianed loan for the costruction of house on your name,  the same is in bank records and having  supporting documents.  So by submitting all the documents of loan process and construction expenditure receipts and land documents you can file a civil suit get back money.

Secondly in general:

Against whom you want to initiate legal proceedings....he is your "FATHER".....due to him only you are now at the this stage.....a "TAX ANALYSIST"......think how much amount he spent for you since your birth to till you become a standing person...... did your father demanded with you at any time by saying that since your birth I spent so and so money/time/love towards you since birth and now give me back the same, as you are now at this stage and can repay ..........I think he didn't......am I right.........as per me we as a human being  can't calculate and count the same in money.......but now you as a son and more over a Tax Anlysist  who is in a good position ...but only for few "Lakhs of amount " want to initiate legal proceedings..

Sorry to say Dear Manjesh Poojary.....

on the face of facts as stated by you it is showing that........suppose if  your father demand with you,   to give me back the money which I spent for you since birth to till this stage........on such demand of him you will ask with him " what is the documentary proof you are having to show that you spent so and so money for me"  .....????? ...... am I right.....

So Mr. Poojary, he is your father, be patience, he won't give that land to others except you, becuase you are his son.  In urdu/Hind there is a saying " Sabar ka Phal Meetha Huta hai".

So wait for some time,  don't fight with your father only for a piece of land.

1 Like

Khaleel Ahmed (Legal Advisor)     28 October 2009

Dear Manesh.

As per your query land is registered in the name of your father. You have spended 12 lacs inclunding a loan of 5 lacs.

How you got the housing loan without your fathers consent.

You can not file a case against your father on the afore said grounds.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 October 2009

Your taking the loan shall be treated as invested on joint family property and thus you shall be entitled to claim therein. I suggest to mutually find a family solution rather knocking the doors of the court.

2 Like

Manjesh Poojary (Service)     29 October 2009

Hi,

I accept what ever you mentioned in your reply, but real fact is that I have spend money on ouse construction with my father consnet by giving land as security for taking loan & invested money in construction of house. But currently they are not ready to transfer land in my name instead of that they are willing to transfer land to my elder sister. ( only two children my parents have). If they transfered the land to my sister then what is that option for me to claim my money back. Because I will lose money, land everything.


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