Dispute between Father & Son, on Son's investment in HUF Property
We are a family of 4:: Mom, Dad, Younger Sister and Son (myself).
Dad has HUF Business of - Resort & Land Dev, in Pune Mulshi area, India.
My Dad said to me -- "Give me money for business. I'll give you Interest more than Bank. I will return your money - when you need it".
Since his my Dad, on trust - I gave him Rs. 40 Lakhs in last 2 yrs -- without any written agreement.
Now, he said no to give back my money or Interest on it.
He says, "Instead of money; from my entire land -- I can make 1 acre of land on your name in Pune Mulshi area."
I don't want land. I want my money. What to do ?
Sir, need to know more details such as was there any documentation to this transaction or was or oral.how did u pay the said amount to your father ....cash...cheaque...etc.
Apart from this facts, you can definitely file civil/criminal cases for recovery of your due debts.
Advocate Sagar KothariDistrict Court Shivajinagar, Pune
I would like to inform you that you can surely initiate legal proceedings by first issuing Legal Demand Notice for repayment to your Father. If he still does not repays, then you can take the next step i.e. filing Civil Suit for Recovery of your money.
You can file recovery suit for the money paid by you even if you do not have any specific writing or loan agreement or promissory note or any other writing in support of your payment and loan.
I presume that this being high amount, you must have paid through Bank transfer or by cheque, hence you can surely produce all such evidences and proofs of payment and transfer from your account to your Father's Account.
I am optimistic that once you issue Legal Demand Notice through Advocate, your Father will surely and immediately repay your money.
Thanks and regards,
Advocate Namitabh KothariFort, Mumbai
As you dont have any proof about the transaction between you and your father it will be very difficult to prove your case if decides to file a suit against your father. Therefore you are adviced to accept the land at your price which is to be deducted from the principle amount. And for remaining amount sue him in the court. the transfere deed will be used as cogent evidence of that transaction
In the transfer deed of the land mention about this transaction.
Advocate Jainodin ShaikhSureshdada Jain Nagar, Jalgaon
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