Advocate R. Y. Kalia

Questions Answered by Advocate R. Y. Kalia

Q: Bought a mortgaged property from a fraud investor who is absconding.

My parents who are senior citizens sold their prime home in north Delhi and bought condo. All proceedings happened simultaneously since they had no other cash . Selling their property went well. They bought the condo from a reputable investor and paid him 90% amount and took the date for property registration. Meanwhile seller agreed that my parents move into the condo which they did. Seller didn’t show up at the registration date , the day he was supposed to bring the original papers.Next day it was discovered that he did a fraud of mAny crores. My parents filed a complaint and submitted papers for FIR . Now bank showed up at the door saying that the condo belongs to them and the loan was given to the seller. Some lawyers are asking us to approach bank for settlement and others are asking to wait for a notice and yet some said that there is no hope n will have to vacate the property. Some even said that bank may take the money but refuse to transfer the title. Need next step.

Advocate R. Y. Kalia answered
You were made a promise that the seller will sell the property with a clear title. He made Promise to you with his free will upon which you acted and sold your other property merely and solely upon his assurances, now as per the Indian contract act coupled with the specific relief act he cannot refute his promise or go back on his word because now as per the principle of Promissory Estoppel, you can file the suit for specific performance so that orders can be issued from the court directing him to register the sale deed. Now coming to the question of loan that is a separate transaction between the bank and the seller you are not concerned with that seller has to replay the loan and give you a clear title because that is what he promised you initially.

Q: Can son from first wife claim share in father's property

Hi, My father married to my mom in 1983/84 and soon after few months, he left her and send it back to my maternal family. Then he married again without giving divorce to my mom. I was born and brought up in my maternal family and they did not raise any case against my Father's family. When i turned 18 my father's family took me and my mom back to their place but things got worsened and i returned after 3 years (it was back in 2005). Then i came to Delhi and currently working in one of the corporate. Need to know if i can claim on properties my father own or is it possible to ask for a lump sump amount which may compensate the share i might have had in his properties.

Advocate R. Y. Kalia answered
Being born in the Hindu family gives one a right in the Joint family property (coparcenary property), this right can be exercised by filling a suit for partition.The fact that you have been away from your father and your home does not take away your right or disentitle you in any manner from claiming your share in the joint family property.Secondly, regarding your right in your father's property (father's self acquired property) you do not get such a right by birth. Your father is free to dispose it off in any manner.Now you can file a suit for partition claiming your share. By filling the suit you will acquire leverage and then you may also ask for the lumpsump amount.

Q: Can daughter claim a share on her father's property

My father has disowned me as I am getting married of my own choice. I am Hindu, and am getting married to a Hindu.Right now I am not married yet, but will be getting married soon. Wanted to know if i can at least claim a share of his property. I have a job, but i need something for backup as I cannot rely on my job throughout.

Advocate R. Y. Kalia answered
To start with we have had a similar case related to your problem, the suit was decreed in our client's favour, father had to give share to his son. Firstly you must understand that there is no concept of disowning a son in Indian legal system. As far as disowning is concerned in terms of property law, a son can be disinherited ONLY from the self acquired property of the father, but he will still have equal rights as the father over the ancestral or the coparcenary property of the Hindu Undivided Family.Now what does this mean? It means that your father cannot disown you from the property inherited by him as ancestral property from your grandfather, he can disown you ONLY from his self acquired property (but we have loopholes for that too).We can file a suit for partition and claim your share in the property right away, as he might think of disposing off the ancestral property which might create further complications.