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Rights of NRI property when purchase on another name from abroad
11-Jul-2023 (In Property Law)
Hi, when I was in abroad I bought a property in my brother name, due to my non travel and my brother said he will transfer to my name whenever I demand, but he is denying now, due to my non travel possibility many years passed, now I am permanent in India, now demanding to transfer to my name, but he is refusing. How to get back my property?
It depends. If you have a written agreement to that effect, you can seek your relief by suing him before the appropriate court. Presuming you don't have any written agreement, your oral contract with your brother may not fly high in the court without sufficient evidence.
Alternatively, If he has taken from you to buy the said property and if you can prove the same, you can always file a money recovery suit. You can even seek for attachment of the same property during the course.
From the facts provided by you, if you have materials to show that he decieved you from the beginning, you can file a criminal complaint for breach of trust and cheating.
Alternatively, If he has taken from you to buy the said property and if you can prove the same, you can always file a money recovery suit. You can even seek for attachment of the same property during the course.
From the facts provided by you, if you have materials to show that he decieved you from the beginning, you can file a criminal complaint for breach of trust and cheating.
Helpful?
Under Article 65, a suit for recovery of possession of immovable property based on title can be filed within a period of 12 years when the possession of the defendant becomes adverse to the plaintiff.
Helpful?
Adv. Raghuraman Balaji
Chennai | 500+ Answers
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it is clearly abnormal transaction binami transaction is prohibited in India CEO sale deed is the real wanna you cannot claim that one so if you are going to claim you should Prove the transfer of money from your account your brother account and you should say that you brother has purchased on your money even though it may be used as the finance to purchase the land so there is no possibility to recover the land legally if you are going to talk a mediation with your brother are you say that you your brother has used the fund you can file a case through Court when the cases in pond process in court you can go for mediation and play me a somewhat remedy for you playing some remedy for you
Helpful?
Adv. Satish Kumar
Chennai | 500+ Answers
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