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Raju   05 January 2020

Self acquired property using bank loan | partition?

Dear experts,

I have purchased a land after around 1 year of getting my first job at 23 years old using SBI site loan (90% of the value). I also took a personal loan and did parttime jobs aprt from main job and used to transfer all my income to father's account. He used the money for family expenses and paid EMI for first 2 years from the same money I sent to him. My father is undeductted and unemployed so I supported the family.

Now my brother and father filed a partition suit claiming that he paid the loan EMI from joint family funds (as I used a Joint account with my father) t transfer EMI since last 10 years.

- Does paying EMI via him makes it joint family funds (But original source of this money is mine)

- Since I paid EMI using joint account even though source of funds are mine, are they joint family funds?

Really aprreciate your expert advice



Learning

 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 January 2020

Dear sir,

You have to fight out and prove the case as per facts stated by you.

Regards,

G.L.N. Prasad (Retired employee.)     06 January 2020

If the title deed is in your name, and if bank statements are in your name, you can seek a separate letter from your father that this property is individual property of his son so............and so and no other joint family members have any right over such property self acquired by the son.  Get this drafted by an advocate.  (I am afraid that this is a repeated query)

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 January 2020

1. File a SEPARATE Civil Court suit of Eviction from your Self-Acquired Property, against Father & Brother.   Prove that you financed the property and that Father & Brother has no source of Funds to finance the property.

2. Mere making EMI from joint bank account, does not prove that it was Father /Brother's money. Prove this documentarily.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Dr J C Vashista (Advocate)     07 January 2020

Who is the title-holder (owner ) of the property in documents ? No presumption shall be proper and appropriate.

It is advisable to contact and consult a local prudent lawyer for proper appreciation of facts/documents, professional advise and proceeding, without waiting for obligation of experts on this platform. .

 

P. Venu (Advocate)     07 January 2020

Facts posted suggest that the plaintiff have a weak case. Anyhow, it is for the them to adduce evidence to prove their averments. Has your father any independent source of income to substantiate his pleadings?

Raju   07 January 2020

Thank you for your advice sir. 
Father has no source of income, neither he ever paid income tax returns. I used to send him about 60,000 per month to his bank account for savings, expenses and loan EMI. Brother is just a student at the time. 

G.L.N. Prasad (Retired employee.)     07 January 2020

Hindu law is a complicated one.  However small the nucleus was, if there is a nucleus of the ancestral property then further addition irrespective of such volume of addition is being treated as joint property.  In the case of such loans, the seed capital is mainly for joint family sources.  Instead of getting disturbed over the issue, contact a local advocate and get a draft of relinquishment from your father and other co-sharers on the property and let them declare that the property is your exclusive property, and then have mental peace.

T. Kalaiselvan, Advocate (Advocate)     16 January 2020

If the property was bought under your name by a registered sale deed, then this property is yours and you only have full rights in the property.

It cannot be said to be the property of HUF because it is bought by you on your name for which you have proof and also since you obtained loan on your name, this becomes a substantial evidence to prove that this exclusively belongs to you.

You can file an eviction suit to evict them fom the property as they are unauthorised squatters in the property.

 

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