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UThere is an ancestral property owned by parents, and father is no more.
There are two sons and by our understanding each son should get 50/3 = 16% share of their father once it is sold. Rest 50% is owned by mother
Now mother have helped one son to buy his separate house by paying some money. The new house is in son’s name only.
Mother want to stay in this new house now but the son doesn’t want her to. Instead he is ready to pay back whatever money she gave to him by balancing out his share in ancestral property.
So if Mother gave 16L to son, and his share in property is 12L then he will give NOC and pay 4L on top of it.
Also the son is ready to give up all other money and not ask any share of mother’s money.
Now the problem is that mother want full 16L in cash and get NOC for free. Mother is saying she paid 32L. There are bank records of 16L
How to go about it. Is there any rule that says son will have to pay money back that was voluntarily given to him?
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AThis is a family matter, and the best approach is to resolve it amicably rather than getting into legal battles and high advocate fees. Everyone should sit together, discuss expectations clearly, and reach a fair solution. In the end, legal proceedings might just lead to the same outcome, but with more stress and expenses.
Baaki if you’re interested in law, rights of the senior citizens are safeguarded by Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Objectives of the act: Wikipedia “This act provides an in-expensive and speedy procedure to claim monthly maintenance for parents and senior citizens. This act casts obligations on children to maintain their parents/grandparents and also the relative of the senior citizens to maintain such senior citizens. The main attraction of this act is there are provisions to protect the life and property of such persons. This act also provides for the setting up of old age homes for providing maintenance to the indigent senior citizens and parents. This Act extends to the whole of India”.
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