Legal Question in Real Estate Law in India
My Nani purchased a land. My mothers is the only daughter. My Nani gifted this absolute purchase land to my father because my father is the only son- in law. My
father transferred this land to co-operative society for housing loan purpose and the took loan of Rs.1.50lacs. He repay the loan amount with his income partially. The final closure of loan was made by me i.e. only one son by paying Rs.50,000/=.
He constructed house only one floor. Two floors are constructed by my source of income. I am only son and six sisters. My father took rent from me every month by way of cheque and he mentioned in the I.T. Returns as rent for the pas 15 yrs. He mortgaged the entire building to SBI for Equitable Reverse loan and took the loan without our knowledge and consent from me or from any of my sisters. The Bank's officer / advocate never met with me although I am residing in the same building. I regularly paying the Electricity Bill of my and my father's Bill and municipality tax. Now is going to sell this house to unsocial elements. Kindly suggest me what I shall do to safe my property.
DR.S.PRASAD
E.MAIL : [email protected] and [email protected]
1 Answer from Attorneys
31.03.2014
Dear Dr. S Prasad,
Today is Gudi Padwa - the Maharashtrian Marathi community New Year !
Your grandmother gifted and registered the land to your father in the record of the Tehsildar / District Registrar. So as I said earlier, your father remains the absolute owner of the property. He neither needs your consent nor your sisters consent to mortgage / pledge the property to avail of any bank or financial institution loan as he so pleases. By paying for your father's electricity bill, you are only doing so since he has permitted you to build two floors on his land and is allowing you to stay there. Take note, you can never ever do anything against your father's wishes - come what may.
Regards,
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