Civil Procedure Code (CPC)

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BIPIN RADHAKISAN RAKATE   27 April 2021

Sold out for property for fullfill father amount

Dear All,

Myself Bipin R Rakate i already purchased 2 proertly in Talegaon Dabhade, Dist Pune 410507.

1) Peoperty 1st in Yeshwant Nagar, Talegaon Dabhade Dist Pune 410507 Cost 14 Lackh

2) Property 2nd In Maval land Talegaon Dabhde Dist Pune 410507 Cost 57 Lackh

At the time of Purchased both property my Father help me 39.87 Lackh and rest i took bank loan for 32 Lackhs....

but both property i registered  a index 2 with my name and second name of my Wife

Now my wife not staying with me and he already raised for DV and Divorce case against Me. And demand For Court for demanding both property share because of her name on mentioned on Index 2. There is no any single Rs contribution my wife. Hole amount paid by me and my father. 

After that my father demanding his money after my wife not Properly take care of my father and she denied and demanding both property share. My father attempts lot of request for money for purchased Property after that he loose his patience and lodge complaint against me and wife Disctrict Collector for justice Senior Citizen Act 2007 act 23 for himself. After 9 months collector sent warning letter to me and my wife for Fullfill your father for complete his demand to give him Rs 39.87 Lackh.

But my concern is i dont have money right now to give him Cash. I have 2 property and once i sell it will complete my father wish. So pls guide me how i complete my father demand...

1



 4 Replies

Sankaranarayanan (Advocate)     27 April 2021

The property title is your both name so  she also entitle to claim over it . What dispute between you and your wife? why don't you try to find amicable solutions.

Now you have to manage your wife and father demand and also contest your case. Discuss your lawyer and find solution . you collected your father money by bank transaction or by cash? IS your wife have capable for purchasing property

1 Like

Dr J C Vashista (Lawyer)     27 April 2021

I agree with the opinion and advise of expert Mr Sankar Narayanan.

Your wife has an equal share in both the properties till you get it declared as "Benami" transaction.under Benami Transaction Act, 2018., 

Both of you shall have to refund the amount taken from your father.

Besides this, you are legally, socially and morally liable to maintain your parents.

1 Like

munaga rao   27 April 2021

Because the parties unable to find amicable solutions they approach....

First to accomplish your primary obligation/duty to your  your father who is a senior citizen and also lender to purchase properties, since your wife is adamant insincere sell the property through court orders, pay back the entire amount so 40 lakhs with interest from the sale proceeds, since she raised the DV for obvious reasons not known, since she didn’t contribute, since she left the matrimonial abode... etc.  She may not entitled.

P. Venu (Advocate)     27 April 2021

What is your father's version as to the money advanced -does it involve your wife also, or is it confined to you only? Is your wife accepting her obligation in repaying the money advanced by your father? Has you or/and your wife filed any statement before the District Collector?


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