Civil Procedure Code (CPC)

Property dispute with father


I am the only son in my family, and have started working since 1992. I have left India in 1998-1999 for work abroad. All my salary when in India was handed over to my mother/parents and nothing kept with me.

Till I started earning in 1992, my father never cud purchase any property in his entire 30+ years of service. The only 2000Sq.ft property he cud purchase was sold by him for my sister's wedding, much before I started earning. My mother inherited some family property from her father. That too has been gifted entirely to my sister after her marriage.

The 1st property purchased by us as a family (jointly, in my mother's and my name), was purchased in 1994, which is a full 2 years after I started earning and just 2 yrs before my Father's retirement in 1996.

50% of the value of this property was paid by me, and balance 50% by my father. The 50% too which my father cud manage to pay was because, I was depositing my earnings with my parents since I started earning in 1992. Nothing kept with me. I did not even have my own Bank Acc. 

The 2nd property was purchased (in 1998) 2yrs after my Father's retirement in 1996, from his retirement money, and 100% in my mother's name. He purchased this only after taking advise from me that, I wud build a house on the 1st property, since he did not have any substantial money with him after this purchase, to initiate construction of house. Over and above, he was totally against purchase of this property, but, it was I who encouraged him to purchase. At one stage, i was even ready to purchase the 2nd property if my father wud not have, with my wife's money gifted by her parents. When he realized that, he quickly changed his decision and went ahead with the purchase.

I left India in 1998-1999 (after the purchase of 2nd property), and since then almost 90% funded the construction of the house, running into lakhs (at that time), with my father even taking away my wife''s money gifted by her parents. I got married in 1996, and have 3 daughters now. The balance 10% of construction cost being used from my father's remaining retirement settlement money left, after purchase of 2nd property.

Entire proof of remittance to my NRE account since 1999 available with me. 100% withdrawals from this account done by my father till date. He has my POA for this NRE acc which is in my name. 

NRE acc in my name and withdrawals done by my father till date. 100% proof of both available. Also, 100% proof of my 50% contribution in the 1st Property purchase.

Additionally, I purchased 2 flats (2 Bedroom) in 2001. Since then 100% of flat rents taken by my father, till I stopped it in 2012, after 11yrs. Proof of rentees paying my father available. In these 13-14yrs, I have entered the society with those 2 flats only 2-3 times. In fact the rentees refused to deal with me since they do not know me.

Over and above the house constructed on the 1st property with 90% from my remittances was over in 1999-2000. Since then, me or my family have stayed only for 1 month each year during our annual vacation when we come to India. That property completely utilized by my parents and my sister and her children.

In 2009, my father encouraged me to build 1st floor on this property with built up area of almost 2000sq ft. For which I spent additional 15 lakhs cash (100%) from my remittances, for which again there is proof. Remittances sent to my NRE acc and withdrawn by my father.

Another important aspect being, my sister who has been married in 1989 and expired in 2002. Since marriage she has been a continious burden on my family till her death, due to marital problems. Her in-laws and husband deserted her to fend for herself and her 2 kids, since their birth. 

Till date I have remitted in excess of 1 crore with today's rate of Bank interest wud exceed almost 3 crores.

My mother expired in 2009. Out of good will, I have already announced 50% share in the 2nd property (which is still in the form of land) to my sister's heirs (niece and nephew). The entire property valued almost 1.50 crores.

But, my father also wants monetary compensation for his share as well as the heirs of my sister in the remaining 50% of the 1st property (which is in my mother's name, now that she is dead) over which house has been built.

Conceptually, the entire property belongs to me, since, it has been possible to acquire this property only after my dedication and hard work and my commitment towards my family. Otherwise, my sister's heirs wud have been on the streets. Today, I have educated my niece to be an engineer, and also conducted her marriage with the entire marriage expenses to the tune of 15 lakhs being borne by me (proof available for the same).

I have given the following options to my father:

01. 50% of the 2nd property, and he can stay on the 1st property as long as he wants. By the way, my father gets a handsome pension of almost Rs.25,000.00/pm

02. 100% of his retirement money with interest till date. I wont deduct the rents of my 2 flats and cost of stay in the 1st property all these years, which runs in lakhs. Since, I have never used or stayed in that property all these years. And, he can still stay in the 1st property as long as he wants. Cost of stay in a city like Hyderabad is immense. 

03. Worst case, 100% of my expenses from the time I was born, including my milk, food, living, staying, clothes, education and his retirement benefits till date, with interest. But, I have the choice to declare that, he is no longer my father, and me no longer his son by way of official gazette. 

Kindly advise me accordingly. Ur valuable advise is appreciated.

Regards,

Surya Rao

 
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ADVOCATE & SOLICITOR divyatta.r@gmail.com

sit for settlement through common friend 

or go for litigation to end issues

 
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01. I have written/documented proof by my father to me, of having to take money from me to construct the house.

02. I have written/documented proof by me father to me, of having taken my wife's money.

03. I have documented proof of remittances for 16yrs, with the POA of my NRE acc with my father.

04. I have documented proof of my flat rents being credited to my father's account, each month for 10yrs.

 
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