FAMILY PROPERTY MATTER

3 years ago

I am Gujarati from Nadiad village, Gujarat. I am single and living in USA with tourist visa from last 6 years. I have widow Govt employee mother. She is living in Nadiad. I have elder sister, she is living in Vadodara with her husband and sons from last 10 years.
I am suffering from below issues:-
1) My elder sister purchased house in Vadodara on my mother maternal name. My mother maternal name is in use at her govt job. My mother took 50% home loan for house and 50% paid by me through Havala to India. House registry done in 2017, copy is not with me.
2) I sent total 30 lakh by Havala to my sister in May, 2017 as she insisted to buy shop. She ditched me and Shop paper registry is on her name. She has also taken 10 lakh mortgage loan by putting shop papers in bank on girvi.
3) My mother wants to pay off shop and house loan after retirement.
Which deed will work? How can my sister transfer shop to my mother name? I will come India after 1 year. I have only mother. My father is no more.

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Rameshwar Dadhe

Responded 3 years ago

A.If your sister are ready to transfer property then just made gift deed otherwise transfer

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
You should not talk about havala and claim property. Please give me Rank 5 if you feel my answer helped you
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The Hawala scandal, also called the Jain Diaries case or the hawala scam was an Indian political and financial scandal involving payments allegedly sent by politicians (black money) through four hawala brokers, namely the Jain brothers.[1] It was a US$18 million bribery scandal that implicated some of the country's leading politicians.

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Devesh Tripathi

Responded 3 years ago

A.see you have sent anything or money through havala is not valid and you can not claim regarding that payment and even if you do so you will be in problem. you should have sent that money through bank route only . as far as your mother name maternal name this property belongs to your mother and you will have to talk to your mother that there must be justification of your investment also meanwhile you can request your mother not to pay money from her retirement funds. and you have 50 percent ownership in the portion which your mother has in property.

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Narendra Dubey

Responded 3 years ago

A.Hi.
Your sister can transfer by way of registered agreement for sale.
Regards,
Advocate Narendra

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Sarvesh Kumar

Responded 3 years ago

A.Firstly Havala is illegal in India and if you will disclose the same, may be punished by Indian Government as per rules and regulation and hence, you could not proved the amount which was given by you. You can purchase shop from your sister through registered sale deed in your mother name with mutual understanding with your sister.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

You should never use Halllllllll* money transfer format in India, this is completely illegal and use by some banned organization.

However, she can gift the property vide a gift deed to reduce the cost and process.

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