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paya (doctor)     09 August 2010

property related

my husband gave 25 lakhs to build a house in madanappli to his brother, he built it and did registration in his name and not willing to sell or share his property. We have the documents related to sending  money. he is a conductor talking cheaply to even conversate. my husband is an engineer  and very decent person. what should we do.please guide me, if we file a case against him, how it works in our case.

 

Thanks.



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 August 2010

Give him a legal notice asking him to return the money which you gave him as a interest free loan on his request  to help him. If he does not repay, then file a recovery suit in the court.

paya (doctor)     09 August 2010

Thanks for the reply. just one one more question.

 

The money was given to him 8 years ago, now that property cost tripled. So, can we get more shrae in that even his brotehrs contribution is 5 lakhs at that time.(one-fifth).

 

paya (doctor)     09 August 2010

I am asking this question here, more than we getting money, we don'-t want that fellow to take away that much money. Rather we would prefer to give it to charity.

Adv Archana Deshmukh (Practicing Advocate)     09 August 2010

What was the time limit for him to return the money? Because a money recovery suit is to be filed within a limitation of 3 years from the accrual of  cause of action.

paya (doctor)     09 August 2010

We did not file a case yet as it belongs to family, we were in conversations till now. Now we lost the patience.

Regarding house- they built it in 2002. Money was given during 2001 and 2002. We did not set any time limit, neither took any legal action so far. We want to do that now.... . considering ignorance rgarding these matteres, i am asking questions.

Cost of the present property - tripled.( my husband-25 lakhs,his brother 5 lakhs contribution towards that house in 2002). what should be the appropriate action to take  to get our share. Please guide me.

paya (doctor)     09 August 2010

Please can I call you.  My email id- drpaya@gmail.com. please leave the number, I wll call you in few minutes. I need address , name and number of a lawyer to fil the case.

Thanks.

adv. rajeev ( rajoo ) (practicing advocate)     10 August 2010

Instead of going for recovery of money your husband will have to file a suit for parition of his equal share in the property, it is better, because already time is barred to file a suit for recovery of money.  So go for parititon suit becausae you have got documents to show that you have contributed to build a house.

2 Like

paya (doctor)     12 August 2010

Thank you for all the replies.

paya (doctor)     26 August 2010

Now again has issue-- any one please reply.


We spoke with the lawyer and prepared to give legal notice first. We gathered evidence only for 10 lakhs. remaining 15 lakhs, my husband gave checks with no carbon paper in check book at that time. Bank statement also we could not get as they can only track back to 7 years.

We are now scared that we lose our money. as we spent 25 lakhs and the cost got tripled. now we have 10 lakh evidence. How to apprach this case, please any oone can solve this issue. ( or just go with what we have)

my husbands stupidity believing blindly one side and not keeping the record on another side facing issues now. i am trying to help him.

paya (doctor)     26 August 2010

any please advise on the above issue.

sanjay mundada (legal advisor)     28 August 2010

at the trial court there are two ways  to prove as per evidance act law and facts .at the time of cross ur advocate may get success to prove it .

apart that u can file criminal case under criminal breach of trust at police station ,that may creat evidance.at atime it  is difficult to maintain relation , u have to choose one for time being.consider love and affection of ur husband towards his brother ;that is also important ,saving family relations are gret things in longview.

paya (doctor)     29 August 2010

Thank you for the response. We actually found the remaining evidence.

I understand completely what you said. we too considered that family relations are important and waited patiently for 5 years hoping that they will come back at some point nad would like to share. The value of house tripled, my husband requested and negotiated with his mom wiling to give 50% of the share where he deserve only 20% of the whole property share leaving completely the property bought from fathers investment to his bother.( that worth some more)

My husband just asking his share that too 50% of his own money involved in investment of the house. If they cannot even willing to share with his own brother who pulled them small rental home to bungalaw and let them live in that house for 8 years and provided  additional money when ever they want, they are not human.( he himself living in rental home , with out owning anything for himself,nothing for his wife, kids).

For his another brother-- provided education from 5th standard to MS in United States. atleast my husbands mother should think how much he has done instead of becoming greedy and now not even picking up the phone. Not even asked how are you for 5 years. Now blames him that is his mistake to give, now should not ask. they did not inform or invite my husbnad nad me for this fellows marriage, because he stopped sending money. how much one can send. They are so used to take 2000$( 1 lakh) every alternate month, now it became tough for my husband to send like that after marriage and kid.

Even after selling the house-giving our share, they are not coming to platform-- they will take 45 alkhs in hand and go as hoouse got valued so much now. --

who ever sympathising with them-- should think 10 times. will you let your own wife and kid  to live in rental place  for 7 years and make your brother , his wife and their kids live in 4 bed 2 storied house , no need to pay rent, both working, in addition have fathers investment on their side . H^olding the mother with them and extracting from brother continously considering his affection towards as weakness, that he don'-t have anybody else. Is it only one way  effort to maintain a  good family relation.

My husband spent more than 100,000$ for his family  and remeber, he doesn'-t have 2k at some point with him after marriage. I only know how it feels.

By the way, I am a physician from india who never asked anything from my husband for 7 years. Never bought anything for myself , still struggling to get my job here.

This is fight for justice, recognition of work and goodness against greedyness, unhumanistic and selfish behaviour.

 

Thanks for the advise though.


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