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Mother bought property using my money how can I claim it


11-May-2023 (In Property Law)
I am a NRI woman presently in India. While staying abroad I had sent around INR 80 lakh to my mother via Western Union for investing in properties. She bought 2-3 plots in her name. Now coming back to India, I have filed a case of cruelty against my abusive husband. My mother has got angry for bringing social disgrace to the family. She is pressurising me to withdraw the case, otherwise she will not transfer the properties in my name or return my money. Is there any legal recourse through which I can claim my wealth back from my mother ? She purchased properties from my money I sent. Renu.
Answers (5)

Answer #1
557 votes
If you can prove that the properties have been bought by your funds and not her own, you can seek your money back along with reasonable profits / interest as a charge over those properties and consequentially those properties can be transfered.

Answer #2
505 votes
Ms. Renu First of all we need to have solid proof for your money transaction through western union which is crucial in your case. There after if there is any email transactions and other correspondence regarding buying the flats would be very crucial. Based on that we can prove that there is a Benami transaction and your mother was acting just a power of attorney of yours to buy the properties on your behalf. with these aspects we need to file a Suit for Declaration of property and possession and we have to file an application for permanent injunction for not involving any third party in this property. You need to act very swiftly and it has to be done with utmost care. Further we need to see is there any other source of income where your mother has since she may contest the suit saying that she bought them from that income.
Answer #3
934 votes
yes, you can file suit for declaration or in case you want share in your ancestral properties too, you can file suit for partition also. or you can file suit for recovery if you want your money back only not the properties. there are many action which can be taken depending upon how and in which direction you wan to proceed.
Answer #4
569 votes
Offcourse renu ji. You have right to claim the property which purchased from your money. The transaction you did is called benami transaction in which one person invest the money and other person registerd the property in his/her name.
Kind regards
Answer #5
883 votes
Hi,

there are so many ways. for instant you transfer your money via western union money transfer so that you can collect all record and claim money or property. one more thing your mother also have shown in income tax that money.

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