Forum Replies Created
-
Posts
-
SIf cost isn’t a factor at all, then buy it from your mother. Go for a Sale Deed where you include details of payment of Sale Consideration to your mother. Pay applicable stamp duty and get it registered right away. That’s the gold standard.
You may later get your mom to gift you cash / money. That’s tax free. Preferably in small steps or in a gradual manner that doesn’t look like she’s transferring the consideration right back to you.
SIt may be some kind of a fraud. They are probably using your account to launder funds and you are an unwilling/unwitting participant.Do not return the money to him unless compelled by law.
SThis was only a cash deposit. Unlikely that his account will be frozen . That’s for P2P UPI payments from scam accounts to mules, and from mules to third persons and so on. Regardless, it makes sense to not use the account for other legal considerations.SIf your mother is the legal owner who acquired it herself under a Sale Deed, regardless of who paid for it, then you do not need the siblings to sign off. Your mother can gift it to you or sell it to you. In the long run, a sale deed may be more desirable than a gift deed because you have siblings but any legal challenge to a gift deed by your mother will be nearly impossible to succeed.A gift deed means no IT implications and lower stamp duty / registration charges. It may help to ask your siblings to sign as witnesses in the Gift Deed document at the time of registration.
A sale deed will mean IT implications for both of you and possibly higher stamp duty and registration charges. You will have to show payment of consideration, or it will be implied. If you can’t show such payments from you to your mother’s bank account, you will leave the transfer open to future disputes and legal challenges by your siblings.
Legally both are sufficient as instruments to transfer the property to your name.
SInform him and deposit one cheque. When it bounces, inform him again and deposit it once more. Wait for it to bounce. You have a NI case. Pretty tight pretty soon, compared to a tenancy and eviction case. Ask the police to book a fraud case.If the cheque does not bear your name, congratulations. You have a tenant who has taken delivery of intangible goods or services from your friend in another state and pulled a fast one. So your friend files another NI case for recovery of dues, and also files an FIR for fraud / cheating. In another state. Very soon the tenant will have to travel to the other state to defend himself.
If you have a third cheque that does not bear your name and a second friend in a third state, then you are a lucky batard.
Your tenant will become tadipar faster than any diamond merchant.
Once he becomes tadipar, break the lock open but never acknowledge it or mention it to anyone. Don’t come back to thank me or post here. Viola! You have your own property’s legal possession. Discard / destroy any personal items but feel free to enjoy all electronics which were adjusted by the tenant towards arrears in rent. Let the case go on as a bargaining chip for when the tenant tries something. Don’t approach the court first.
SIn an IA under the partition suit, seek interim relief of payment of future EMIs by co-owner. The share part becomes tricky but this is also a possible approach to compel her to pay her share of EMIs moving forward. Once she is burdened with it, she’ll want to sell. If you are cool with 50:50, then simply say so ask her to pay her share. Is the loan account on both names? Typically is.SYes, a partition suit is the way forward. In fact, do not seek a fifty-fifty partition. OP must show that he made all payments with his income and seek 90%. OP must note that his old dependent parents stay with him and have nowhere else to go.Further, make it clear that you offered to buy her out (don’t say 50%) but she refused to sell her share, or buy your share, or even sell the entire joint property. You will definitely not get 90% of it but it will start a conversation and she may come to the table.
SFrankly, if 5-10 k is too much to afford then you should offer the land to Amara Raja and take your exit. It’s best for your mental and financial health. Choose pragmatism over idealism.SBro got downvoted for being prejudiced, assuming her parents were not born here, and subscribing to the “Guilty unless proven innocent” principle.SThis.You can ask Godrej to obtain an authorisation from Flipkart, as it was delivered to you by Flipkart and Godrej is not a party to the transaction between you and Flipkart.
You can reply that they have no locus standi, and that any action brought forth by them shall be constructed as intimidation and extortion for which you will seek legal remedies including but not limited to criminal action.
Let them know that Flipkart’s failure to collect the BROKEN sofa for over 15 months compelled you to rent a space for keeping it, which is now more than the price you paid for the sofa. As such, there is now a lien on the movable property that is the broken sofa.
You are happy to return the sofa as is, provided Flipkart gives an NOC which must include the date of delivery date, the price you paid, and the date you filed a return request because it was broken. Further the NOC must authorise Godrej and name the delivery person authorised to act on their behalf. The delivery person must verify their identity and sign a receipt at the time of accepting the return.
Let it be a ten page response filled with legal terms so they must know you got legal advise and that you got plenty of free time to drag it out.
Make Godrej’s legal team feel like it’s too much of a hassle. Btw, what’s the sofa worth?
SI am sorry for your loss. I think you need therapy more than you need legal advice.The legal advice has always been very clear on such matters. You got swayed, hooked and looted by a fantasy scam app. Yet, you are unable to smell the coffee, read the writing on the wall and address the big white elephant in the room. Therapy is the way forward, really.
