Legal Question in Real Estate Law in India
Hello,
I recently asked my father to buy a property when I was in USA using my money. We had a joint account where I used to send him money for his living expenses and medicines as my parents are retired with no income or much savings. My parents live in my apartment in gurgaon. My father actually tricked me and bought the property in my mother's name using my money and told me on phone that he conned me. Property is worth 40 lakhs. Though I did not like it but I did say much since he was 68 years old. now, my father had a heart attack few months ago and while we all did our best to save him, he passed away after angioplasty. I paid all his medical expenses as usual. Problem here is that, I have two sisters too. Since, property was bought using my money they don't have rightful claim on any part of it. What can I do to secure my rightful claim to the property? I did not so far want to discuss this with my mother since she will most likely say that it is her property and my father gave it to her.
3 Answers from Attorneys
in your situation, you need to prove that the property was purchased out of your funds and also the same was registered in the name of your mother. you may have to file a suit for declaration of ownership.
27.05.2013
Dear Sir / Madam,
The easiest way forward is to get your mother to make a Will naming you as the sole beneficiary of the property by convincing your mother that the property was purchased solely from your money.
Regards,
Before you initiate any legal proceedings, have the matter talked and discussed with your mother.
If mother is willing to revert back the property to you, have the same done by means of a registered document.
Else, start taking steps for civil suit.