Legal Question in Real Estate Law in India

Dear sir,

i m a married man, having 2 bhk flat in thane, mumbai. property is fully on my name. society is not yet formed. hence share caertificate not issued. but registered agreement is made on my name. My father gave me cheque of 7 Lacs in installments for purchasing the flat . i returned back to my father all money in cash (he took from my ATM part by part when i was out of india, that was my money earned as an NRI).

Now our relations have turned hostile due to some family issues.

1) i am planning ot sell the said property on my name. If my father puts stay notice on it saying that he has also invested in this flat (though, he has got the money in cash from me). will his case stand in court?

2) what can i do to sell this property smoothly? what if i transter my property fully on my wife's name? whether his case will be still valid?

since i have returned all his money in cash, i have no proof other that stating that money was removed from my ATM when i was out of india, (as i have immigration stamping dates on my passport).

Pl. advise.


Asked on 9/13/09, 4:49 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since title of the property is in your name, you may be entitled to sell the property

Read more
Answered on 9/13/09, 3:04 pm
Shrichand Nahar S.V.Nahar, Advocate

If flat was purchased in your sole name, your father may not be able to claim ownership therein. However, charge of amounts paid by him to you as advance/loan can be claimed.

However, instead of guess work, better to cross the bridge, when it comes.

Read more
Answered on 9/14/09, 1:50 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India