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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 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 wants 20L in cash and get NOC for free. Mother is saying she paid 32L. There are bank records of 16L.
So mother’s calculations is-> 12L property share + 20L returned to her
How to go about it.
Is there any rule that says son will have to pay money back that was voluntarily given to him?
Nowhere is it documented that mom will stay in the new house. And taking care of her is not an option as she her behavior will ruin his family.
Age of son-50,
Religion hindu
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