Dear Sir, We are 3 Siblings - 1 Son and 2 Daughters. Summary - Mother Side . My Grandfather was a Landlord with total 100 Acre land . My grandfather and grandmother no more .My Mother has 3 brothers . My Mother first request brother to give few acre land but when her brothers refused she file a case in court and through court acquire 3 to 4 Acre land and sold immediately and share money between her Daughters ( my 2 sisters) without informing son (me). Question 1 - This is Ancestrial property. can she sell this land without son approval. in case if yes am i eligible for equal share say land sold in 1 cr am i eligible to get Rs.25 Lakhs. Summary - Father Side. My father received approximately 10 acre land from his father ( Ancestrial property) . His Father and Mother no more. Question 2 - can he sell this land without my concern. If yes say in Rs. 40 Lakhs . am I eligible to get share of Rs.10 Lakhs. Summary - Money given to Father. few years ago my father was in some legal trouble and requested me to send Rs.x Lakhs . I have transered Rs.50K every month in his account. He is 8x year old and he has self acquired 2 properties. I dont trust my sisters and has a fear to loose Rs.x lakhs legally I want somewhere it has to in record so that in future i can get this money. Question 3 - which legal option should i opt so that i can get my X Lakh amount back. Question 4 - will it be feasible to send legal notice to Father and Mother enquiring about distribution of money after land sale in order to keep in record.
1) if it is ancestral property you can claim share in sale proceeds
2) you can claim share in sale proceeds of land sold by your father
3) take n writing from your father that x amount has been taken by him as loan and he would repay x amount to you within stipulated period
4) don’t send any legal notice
5) resolve issue amicably
1. This is not ancestral property.
It becomes your mother's own and absolute property.
Your mother is the sole authority in that property hence you cannot prevent her from transferring this property in favor of the person of her choice.
Therefore your claim for Rs. 25 lakhs is not maintainable.
2. Your father inherited the property from his father.
Therefore even that is not ancestral property.
It was your grandfather' property which devolved upon his legal heir i.e., your father.
Your father on inhering that property becomes an absolute owner of the property therefore you do not have any rights over that property at least not during your father's lifetime.
Your claim for Rs. 40 lakhs from that property is not maintainable.
3. If you have proper records and evidences for having given the money to your father, you may enter into a loan agreement and obtain a promissory note from to acknowledge the receipt of this sum as loan from you after which you can file a money recovery suit against this demand promissory notice.
Mother's side:
Q.1.If your grandfather's property had remained undivided and had been in common possession and enjoyment of all the co-sharers for four generations together, it would be termed ancestral in nature. But, from the actions of your maternal uncles and your mother, it appears that it was not so. You say your mother got a portion from a court order. She was well within her rights to sell her share and distribute the proceeds as she deemed fit. Unfortunately, you cannot claim any share.
Father's side:
Q.2. Unfortunately, here also, you cannot claim as a matter of right. Whatever your father acquired from your grandfather became his absolute property and he could deal with it as he wished.
Q.3. and Q.4. It is legally not appropriate.
1. As per law , after getting the share in the ancestral property , this property would be considered as her self acquired property , and she had her right to transfer the same or to give sale proceed as per her wish without taking the consent from her son.
2. You have no right to claim over the property and sale proceed which your mother got by way of dividing the ancestral property .
Dear Client,
If the property is ancestral all the brother and sister had equal right over it and cannot be denied its share. If your father denied your share then you can send legal notice or go for a case in civil court.
Thank You.
Dear Client,
1) as it is an ancestral property, you have to directly claim from the partition and not what your mother got. The equal share will be given from the main suit that was filed and as she got her share ( it does not include yours or your sister's shares) she can sell it how she wishes.
2) The same is applied here. It is now your father's land so he can do as he wishes.
3) You can reopen partition suits in both and then claim your share.
4) No
Thank you.
2. If its self acquired to your dad then he can sell otherwise he can't.
3. You can challenge the sale deed and seek share in the said land.
4. Yes If you want to g against them in court then you should send notice
Answer to Question 1: This is not ancestral property. So, your mother is within her rights to gift the sale proceeds with your sisters.
Answer to Question 2 & 3. Ancestral property is defined as the property flow of title of which has not been interrupted for four generations i.e. from great grandfather to great grandchildren by any deed of conveyance like gift/partition/relinquishment/settlement deed of will. The instant land does not appear to be ancestral land for which your father can deal with it in any way he feels like and you have no claim on it.
Answer to Question4. If you are not legally entitled to have share of those properties, there is no point in sending legal notice to your parents..
Dear Sirs, We are 3 Siblings. My Parents are more inclined towards 2 Daughter because they both stay close to them and I am staying abroad. Recently Mother got 2 acre land which she sold immediately and given money to both Daughter. Recently father also sold 6 acres ancestrial property In Rs.28 Lakhs and I don't know where money gone. Anyhow I am well settled and financially sound I don't expect or need anything from them. My only onscreen is my Rs.32 Lakha which I have give to my father 6 years ago online via bank transfer yet he didnt return it back. My father has self acquired two flats with Rs.80 Lakhs and Rs.60 Lakhs. In case if something happens 1.5 crores will be divided equally between 2 sister mother and me so my share will be Rs.35 Lakhs If you see logically Rs.32 Lakhs with interest will be Rs.50 Lakhs In other words I will.loose my share plus 15 Lakhs also. Question - Please elloborate which all legal option I have to recovery my money.
1) issue father legal notice to repay loan amount
2) if he refuses file suit to recover loan amount with interest
If you had given this money to your father as a loan then you can demand from him to return the money he had taken it form you as loan and also if the loan agreement includes any interest portion, you may claim that also in your demand notice.
However please remember that as per law even if you have a promissory note or a loan agreement, it would be valid only for a period of three years from the date of its execution, beyond which your claim would be barred by limitation under the provisions of Limitation Act, 1963.
If there was no agreement between you and your father over this amount advanced to him, i.e., if there was no understanding between you both that he will return this amount whenever you demand, then ab initio your claim may not be maintainable.
Hence you first talk to your father and get a promissory note executed by him at least now for the amount given to him so that you can recover this amount from the properties he holds and this amount would be besides your own legitimate share in the properties if he is reported to have died intestate.
You can tell your dad to gift you the entire flat of 60 lakhs as your return of money. If he wants to give you share in property later he may give it separately. Or tell him to gift you 80 lakhs flat which will include your money and share both.
- If you having the proof of payment to him , then legally the amount can be recovered
- You can send a legal demand notice to him to refund the taken amount from you with uptodate intersted.
- If no response, then you can file a recovery suit before the court after giving POA to any relative in INDIA.
1. You shall have to file a Money Suit claiming return of the said money lent by you to your father, with interest for which you shall have to submit adequate evidence to prove that you had lent the said amount to your father on certain terms and had not gifted it to him.
2. Your father might execute a will in connection with the said properties in favour of your sisters and in that case you shall not get any share of it. So, connecting the presumptive share of those properties after the demise of your father with the amount you have lent to him will be of no use. You straightway claim refund of the said amount with interest.
Dear Client,
if there is any agreement between you and your father as to when he will return you can then send a legal notice with respect to it and claim it back. Another option is as you have mentioned the ancestral property which your father sold, you can claim ur interest in that property by filing a partition suit.
Thank you
Dear Sirs, Sent legal notice to father making beneath request.. 1. my share in 10 acre sale amount 2. request to return Rs.1x,xx,000/- or to give me equivalent share in his 2 bhk flat. First request he denied saying that this land is his self acquired land and he has full right to sale that land.. Regarding second request he made beneath comments in reply to my notice "However the possibility of sending remaining amount of Rs.1xxx000/- in discharge of family liabilities cannot be ruled out.Even if your client, a member of a Hindu undivided family, want back the amounts sent in discharge of pious obligation of family affairs, and in the event I am required to return this amount,that may be returned in the same manner in which he sent these amount aggregation to Rs.1x,xx,000/- Once the amount of Rs.X/- and Rs.Y/- are clarified by your client, I shall advert to remaining amount of Rs.1xxx000/- to aggregation to total Rs.1xxx000" => He is very smart ... In the year 2015 He bought 2 BHK flat in 50 Lakhs ( approx)... One day he called me saying i have some loan and i have to repay .. This conversation on phone ... i ask how much your need he said Rs.17 Lakhs and he said he will return Rs.17 Lakh in 1 year by selling his second flat . so i have started paying him money in installment Rs.50000 approx every month. This process started in year 2017 and finish in year 2019... In year 2019 he said he will make a will and distribute his assets and he said he will take care of Rs.17 Lakhs. In between i ask him about Rs.17 Lakhs several time but no reply. Finally last month i sent him legal notice to recover my Rs.17 Lakhs. In reply he agreed to pay me Rs.17 Lakh but in installement. Fact is as per him in the value of of Rs.17 Lakhs in year 2019 is same as in year 2023 and in case if start paying me Rs.17 Lakhs in installement than he might finish payment in year 2026
Better to accept offer of your father
2) if you file suit it would take years to be disposed of plus you will spend money on legal fees abd court fees
- You can accept that amount from him ,as if you will file a case for the recovery of the amount , then it may take time to dispose
- However, you should take an undertaking from him that he will complete the said amount within a particular period of time , so that he may not stop to pay the installments.
What is the action you have proposed to be initiated by in this regard?
Since you have sent a legal notice and he has replied to that through his lawyer, you can consult your lawyer and if recommended you can proceed to recover the amount by filing a money recovery suit since he has acknowledged the Rs. 17 lakhs of loan, hence it is not barred by limitation
You need to also demand interest from him for the installments and time taken for the payment
Dear Client,
if there is any agreement between you and your father as to when he will return you can then send a legal notice with respect to it and claim it back. Another option is as you have mentioned the ancestral property which your father sold, you can claim ur interest in that property by filing a partition suit.
Thank you
I have given Rs.1x,00,000 to my father in installment via account to account bank transfer from Year 2016 till Year 2019. Since year 2019 till last month he has not shown any willingness to payback my Rs,1x,00,000 with interest. Finally after sending legal notice he agreed to pay me Rs.1x,00,000 without interest. Question : 1. He said he will issue me few cross cheque on my name.. I am already getting rental income of Rs.90000 every month in my bank account. If i deposited cheque of Rs.1x,00,000 in bank account will it be taxable or it will be treated as gift from my father. 2. Should i request him to give me Rs.3,00,000 cheque equivalent to Rs.1x,00,000. 3. Suggest me any other option with which i can avoid paying tax because same amount i have transfered to his account in installment from year 2016 till year 2019.
Your claim to recover said amount is barred by limitation
2) if your father is refunding principal amount show it in books of account as repayment of loan taken as father
3) I presume you have shown money advanced to father as loan in your books of account
4) no tax is payable on loan repayment
1. Once he issues a cheque in your favor, you may present it for collection and get it encashed .
You can show it as loan repayment in your ITR which will exempt you from paying income tax.
2. It depends on how he agreed to repay, if he is okay with it then you may get the repayment accordingly.
3. The loan repayment will not attract income tax. However, if the lender charges interest from the borrower, he or she has to pay taxes on any interest that is earned from the loan.6
It will be gift unless there is any express agreement under which you get it. It will be taxable as gift income
Dear client,
1. The transfer of Rs.10,00,000 from your father to you, even if it's being done via cheque, can be construed in different ways by tax authorities. If this transaction is being classified as repayment of a loan, it wouldn't be considered as income. In this scenario, the money you gave your father over the years would be treated as a loan, and the repayment would not attract any tax liability. Second scenario is If authorities view this transfer as a gift from your father, it might not be taxable either, as gifts from relatives are generally not taxed in India. If the total amount received as a gift exceeds Rs.50,000 in a financial year, it's taxable as 'income from other sources', except in specific exempted cases (gift from relatives being one such exemption).
To ensure that the transaction is perceived as either a gift or a loan repayment, you can take certain steps. If the initial transfer of Rs.10,00,000 was intended as a loan, ensure you have documentation supporting this. Any written agreement or record of the transactions (bank statements, transfer receipts, or any written acknowledgment of the loan) can help establish that it wasn't a gift but a loan extended to your father. When your father repays the Rs.10,00,000, ensure there's documentation acknowledging this repayment. This could be a simple agreement or a receipt stating that the amount has been repaid by your father to you as per the terms of the loan agreement. If there were any discussions, emails, or messages regarding the nature of the transaction (loan or gift), keep these records safe. They can serve as evidence if needed to establish the intention behind the transfer. Seek advice from a tax consultant or a chartered accountant. They can review the documentation, understand the specifics of your situation, and provide guidance on how to present the transaction to tax authorities to ensure it's treated as a loan repayment or a gift, whichever is applicable and more advantageous for you tax-wise.
2. If the agreement is for your father to repay you Rs.10,00,000 without interest, requesting him to issue multiple cheques totaling Rs.10,00,000 but with amounts less than Rs.1,00,000 each could be seen as an attempt to avoid certain banking and tax regulations. In India, banks report transactions of Rs.10,00,000 or more to the Income Tax Department. Splitting the repayment into smaller amounts to avoid this reporting threshold might raise suspicions and could be seen as an attempt to avoid tax scrutiny. It's important to be transparent in financial dealings, especially when dealing with significant amounts. Instead of trying to structure the repayment in a way that raises questions, focus on documenting the repayment properly with a clear acknowledgment that the Rs.10,00,000 received is the repayment of the loan. Proper documentation and transparency in the transaction will support your case if there are any inquiries from tax authorities.
3. Ensure the abovementioned documentations and communications.
You can reach out to us for further assistance
1.It will be treated as gift by father to son , and hence not taxable.
- However , the loan repayment amount is not taxable
2. Yes