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Uncle Claims Ownership of Dad's Property After 40-50 Years - What Should I Do?

Ramalingam

Ramalingam Kalirajan  |8013 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 20, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
ANWAR Question by ANWAR on Dec 19, 2024Hindi
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My Dad is in possession of two two rooms in a pagdi system which has completed all formalities for redevelopment(Dad has given n registered 1 room each to me n my sister) Redevelopment awaiting IOD. Now suddenly my Dads brother comes n claims he has share in the property possessed by my dad for 40-50 years since my dads father passed away 50yrs back and my Dads mother passed away 40 years back. He is just trying to harass us.... Principally my Dad has given his brothers n sisters share without ne documentation long long back. Can my Uncle harm us legally?

Ans: Your father appears to have been in possession of the property for over 40 years.

Pagdi properties often carry rights based on tenancy rather than ownership.

If the property was transferred to your father under the pagdi system and he has been paying rent, he holds legal possession.

Registered documentation for the division between you and your sister strengthens your claim.

Possible Claims by Your Uncle
Your uncle may claim a share based on inheritance rights under Hindu Succession Law.

If your grandfather owned the property, and no formal division occurred, heirs may claim rights.

However, your father’s possession for decades under the pagdi system may override such claims.

Legal Strength of Your Position
Proof of Possession: Your father’s long possession and rent payment history are critical.

Documented Transfers: Registered division of rooms to you and your sister strengthens legal standing.

No Recent Claims: Your uncle has not raised this issue for decades, weakening his claim.

Actions to Protect Your Rights
Obtain Legal Documentation
Gather all proof of rent payment under the pagdi system.

Secure redevelopment-related documents, including agreements and registration.

Consult a Property Lawyer
Seek advice from a property lawyer with expertise in inheritance disputes.

The lawyer can assess the specific facts and prepare for legal defense if needed.

File a Declaratory Suit
If the uncle continues harassment, consider filing a declaratory suit.

This will establish ownership rights and protect against frivolous claims.

Redevelopment Considerations
Ensure the redevelopment agreement includes clear clauses protecting your rights.

Involve a lawyer to review the redevelopment agreement for legal safeguards.

Final Insights
Your uncle’s claim may not hold much legal weight if there is no supporting documentation.

The long possession under the pagdi system and your father’s actions strengthen your position.

Take legal action if harassment continues to avoid disruptions during redevelopment.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam Kalirajan  |8013 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

Asked by Anonymous - Jul 19, 2024Hindi
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Hi, sorry it's a very long post My mother is 60year old homemaker(nil income) and father is 68yr old retired govt employee (recieving pension).we are 3 children [2 daughters ( all aged between 30-40yr)]to our parents.All of us are married and earning for our livelihood. We sisters are contributing to parents health insurance and other financial things since we started earning and even after marriage ( as my father is an alcoholic too not looking after the household well).Mother has a property in her name given to her by her father as a gift deed. Father had one house and a plot in his name and some ancestral property. Brother went to abroad for studies in 2018 and came back in 2020. He had a girlfriend since his college days( he married to her in 2022, never had objection from anyone of family members ). Since his arrival, he and his girlfriend started involving in all financial matters of my maternal house to the extent he was using my father's debit card for his own use( father says he has given card to brother willfully). Brother wanted to construct a commercial building in my mother's property. He and my father started threatening my mother to register her property ( actually located near Brother's girlfriend house) in name of brother saying if she doesn't agree ,they won't marry off my sister( who got married in 2022 in the presence of grandparents, mother and myself and both my father and brother didn't attend the marriage). They even extracted money from mother's account (which was given now and then to her by me and my sister).During all these process even brother's girlfriend ( wanted a source of income by renting my parents house)also started abusing my mother and involved in all financial matters ( that freedom was given to her by father and brother as my mother was suppressed and we sisters were not aware of things going on). Everything led to the abandonment of my mother who stayed in her friend's place then I brought her to my house. Now after 3 years ( during the course our wellwishers tried counselling and mediation between my father, brother and mother without sisters which didn't work out). my brother got my parents house( and a plot which was in my father's name) registered to his name as a gift deed from my father without informing mother. All the documents of the property gift deeded to my mother by her father is with my brother and father. They are threatening my mother if she enters her own property. Now my mother has no place and income though she had contributed extensively to upliftment of the family all over these years. She ran a grocery store for 15years during which one plot was bought and house was built in that. Another plot was bought after my parents marriage with the help of dowry money given to my father ) but all the properties were registered in my father's name. She has her contribution financially, emotionally and physically. Now doesn't my mother has right to ask back the house and the property given to my brother without her knowledge and to ask for maintenance from my father and also sue all three of them for mental and physical torture..? We sisters want her to lead a peaceful life in her final years of her life.. please guide us.
Ans: Evaluating Your Mother’s Rights

Your mother has been through a lot. Let's explore her legal and financial rights. She deserves to live peacefully in her final years.

Legal Rights Over Property

Your mother owns property gifted by her father. She has full rights over this property. The property can’t be taken without her consent. If your brother and father took documents, this is illegal.

Action Steps for Property

Retrieve Documents: Seek legal help to get back property documents.
Consult a Lawyer: Discuss the possibility of reclaiming the property.
File a Complaint: If threatened, your mother can file a police complaint.
Maintenance from Your Father

Your father has a duty to support your mother. She can claim maintenance from him. This can be done through legal channels.

Action Steps for Maintenance

Seek Legal Advice: A lawyer can help your mother file for maintenance.
Family Court: File a petition in family court for maintenance.
Right to Ancestral Property

Your mother contributed to the family. She can claim a share in ancestral property. The law supports her right to ancestral property.

Action Steps for Ancestral Property

Legal Consultation: Discuss the possibility of claiming ancestral property.
File a Suit: If needed, file a suit for partition of ancestral property.
Mental and Physical Torture

Your mother faced mental and physical torture. This is a serious issue. She can seek legal action against your brother, father, and sister-in-law.

Action Steps for Torture

File a Complaint: Lodge a complaint with the police for harassment.
Protection Orders: Seek protection orders from the court.
Health Insurance and Financial Support

You and your sister have supported your parents. Continue to ensure health insurance coverage. Your mother may need financial support until her rights are restored.

Action Steps for Financial Support

Joint Efforts: Continue supporting your mother financially.
Plan for Future: Set up a fund for your mother’s needs.
Investments for Secure Future

Consider investing in mutual funds for your mother’s secure future. Regular funds with the help of a Certified Financial Planner (CFP) are beneficial. Avoid direct funds due to lack of professional advice.

Benefits of Regular Funds

Professional Management: CFPs manage the funds, ensuring optimal returns.
Less Hassle: No need for your mother to manage investments actively.
Tailored Advice: Investments tailored to her risk profile and needs.
Regular Review of Investments

Regularly review investments with a CFP. Adjust them based on your mother’s needs and market conditions. This ensures her financial security.

Final Insights

Your mother has rights over her property. She can claim maintenance from your father and her share in ancestral property. Legal action can be taken for mental and physical torture. Continue supporting her financially and ensure her health insurance coverage. Invest wisely with professional advice for her secure future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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I have utilised my sale proceedings and hence the entire capital gains by registering a new flat, but the entire payment is not released to the builder. It will be released in a phased manner as per progress of the building. Do I still need to open a CGAS account and put the unutilized capital gains money there?
Ans: Since you have already registered the new flat and fully committed the capital gains towards its purchase, you do not need to open a Capital Gains Account Scheme (CGAS) account. However, there are some key points to consider:

1. Conditions for Capital Gains Exemption (Section 54 or 54F)
You must invest the capital gains in a new residential property within 2 years (for resale property) or within 3 years (for under-construction property).
Since you have registered the property, your investment is considered "committed" even if payments are made in phases.
The Income Tax Department typically considers the date of agreement/registration as the date of investment, not the date of actual payment.
2. When is a CGAS Account Needed?
A CGAS account is required only if the capital gains money is not used before the Income Tax Return (ITR) filing deadline (July 31st) of the respective financial year.
Since your funds are already allocated towards the flat purchase, you are not required to park them in CGAS, even if disbursement is pending.
3. Ensure Proper Documentation
Keep records of the flat registration, builder agreement, and payment schedule.
Retain proofs of capital gains utilization from the sale proceeds.
If assessed, you can justify that the gains were committed for the property purchase.
Final Insights
Since you have already registered the new flat and the payment schedule is fixed, you do not need a CGAS account. However, ensure that all payments are completed within 3 years to comply with exemption rules. Keep all documents handy in case of future tax scrutiny.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |8013 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 19, 2025

Asked by Anonymous - Feb 19, 2025Hindi
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Is it wise to switch between debt and equity composition within a mixed fund/ULIP depending on the market, for a long term investor? Considering that NAVs will be lower in equity components during market lows and more units could be purchased for the same SIP amount? When the market moves up switch back to get a larger NAV r equity components.
Ans: Switching between debt and equity within a mixed fund or ULIP based on market movements may seem like a smart strategy. The idea is to buy more equity units when the market is down and shift to debt when the market is high. However, in practice, this approach has several risks and limitations.

Here’s a detailed analysis:

1. Challenges of Market Timing
Difficult to Predict Market Lows and Highs

Markets do not move in a straight line.
A dip may continue further, and a peak may not be the highest point.
Many investors switch at the wrong time, missing out on gains.
Emotional Biases Impact Decisions

Fear and greed affect switching decisions.
Many investors switch to debt in panic during a crash and miss the recovery.
Staying invested in equity gives better long-term returns.
ULIPs Have Lock-ins and Charges

ULIP switching may have limits and charges.
Not all ULIPs offer unlimited free switches.
Frequent switching can increase costs and reduce returns.
2. Impact on Long-Term Growth
Compounding Works Best with Consistency

Switching in and out disrupts long-term growth.
Staying in equity for 10+ years gives better returns.
Debt Returns Are Lower

Equity outperforms debt over the long term.
Shifting to debt may reduce overall returns.
Systematic Investments Work Better

SIPs average out market ups and downs.
No need to manually switch between equity and debt.
3. Better Alternatives to Switching
Asset Allocation Based on Goals

If retirement is 20+ years away, equity should be dominant.
If retirement is near, gradually move to debt.
Hybrid Funds Handle Allocation Automatically

Some hybrid funds adjust between debt and equity based on market conditions.
This reduces the need for manual switching.
Investing More During Market Lows

Instead of switching, increase SIPs when the market falls.
This allows more unit accumulation without timing risk.
Final Insights
Switching between debt and equity in a mixed fund or ULIP based on market timing is risky. Long-term investors benefit more from staying invested in equity. Instead of switching, follow a structured asset allocation strategy. Use SIPs to take advantage of market lows rather than manually shifting between asset classes.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |8013 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 19, 2025

Money
I am 33 years old and married, currently earning an in-hand salary of ₹1.6 crore per annum. My financial portfolio consists of: Stock investments: ₹2.2 crore Mutual funds: ₹70 lakh ULIP portfolio: ₹60 lakh (annual premium ₹22 lakh) Gold holdings: ₹50 lakh Loans: ₹23 lakh car loan (EMI ₹38,000) and ₹40 lakh home loan (EMI ₹38,000) I want to ensure that I am on the right path toward financial growth and early retirement. My goal is to achieve financial freedom while maintaining a comfortable lifestyle. Could you provide guidance on: How to optimize my portfolio for higher returns and passive income?
Ans: Your financial position is strong. Your salary is high, and you have a diversified portfolio. However, there is scope for better returns and passive income. A structured plan will help you reach financial freedom faster.

Here’s a detailed breakdown:

1. Review of Your Current Investments
Stock Investments: Rs 2.2 crore
You have a large stock portfolio.

Stocks give high returns but carry risk.

Review the portfolio for weak stocks.

Ensure a mix of large, mid, and small-cap stocks.

Check if some stocks need profit booking.

Reinvest gains into high-potential stocks or mutual funds.

Keep 15-20% of the portfolio in dividend-paying stocks for passive income.

Mutual Funds: Rs 70 lakh
Mutual funds provide stability with growth.

Avoid over-diversification with too many schemes.

Actively managed funds can outperform passive funds.

Check fund performance over 5+ years.

Increase SIPs for long-term wealth creation.

Ensure a balance of equity, hybrid, and debt funds.

Debt funds help with stability but are taxed at your income tax slab.

ULIP Portfolio: Rs 60 lakh (Annual Premium Rs 22 lakh)
ULIPs combine insurance with investment.

Charges are high, reducing overall returns.

Returns from ULIPs are lower than mutual funds.

Consider surrendering and reinvesting in mutual funds.

Use a pure term plan for life insurance instead.

Gold Holdings: Rs 50 lakh
Gold is a hedge against inflation.

It does not generate passive income.

Physical gold has storage and security issues.

Consider gold ETFs or sovereign gold bonds.

Sovereign gold bonds provide interest income.

Loans: Rs 63 lakh (Car Loan Rs 23 lakh, Home Loan Rs 40 lakh)
Your EMIs are Rs 76,000 per month.
Interest on a home loan is tax-deductible.
Car loan interest is an expense, not an investment.
Consider repaying the car loan early.
Continue home loan if the rate is low.
2. Steps to Optimize Your Portfolio
Increase Passive Income
Invest in dividend-paying stocks.

Add high-dividend mutual funds.

Consider corporate bonds for steady returns.

Invest in REITs for rental income without buying property.

Use sovereign gold bonds for extra interest.

Enhance Mutual Fund Investments
Increase SIPs in actively managed funds.

Ensure sectoral and market cap diversification.

Hybrid funds offer stability and good returns.

Debt funds help balance the portfolio.

Review fund performance every year.

Improve Liquidity
Maintain an emergency fund of Rs 25-30 lakh.

Keep it in liquid funds or high-interest savings accounts.

Avoid locking funds in long-term ULIPs or endowment plans.

Reduce Unnecessary Costs
ULIP charges are high; shift to mutual funds.

Car loan has no tax benefit; consider prepayment.

Ensure you are not overpaying for insurance.

Avoid investing in low-return insurance products.

Maximize Tax Efficiency
LTCG on equity mutual funds above Rs 1.25 lakh is taxed at 12.5%.
STCG is taxed at 20%.
Debt fund gains are taxed as per your income slab.
Invest in tax-efficient instruments like ELSS funds.
Use HUF and spouse’s name for tax-saving investments.
3. Financial Freedom Plan
Target Passive Income for Early Retirement
Aim for passive income of Rs 1 crore per year.

Invest in high-yield assets like dividend stocks and debt funds.

REITs and bonds provide stable income streams.

SIPs in equity mutual funds create wealth for future income.

Portfolio Allocation for Financial Growth
Equity: 60-65% (Stocks + Equity Mutual Funds)

Debt: 20-25% (Debt Mutual Funds + Bonds)

Gold: 10-15% (SGBs + Gold ETFs)

Emergency Fund: 5% (Liquid Fund + Savings)

Review and Adjust Yearly
Review stocks and mutual funds yearly.
Exit underperforming investments.
Rebalance portfolio as per risk appetite.
Adjust allocation based on market conditions.
Final Insights
Your financial position is strong. Your income allows you to invest aggressively. Focus on increasing passive income for early retirement.

Shift from ULIPs to mutual funds for better returns.
Increase investments in actively managed equity funds.
Reduce high-interest loans and unnecessary costs.
Diversify across asset classes while maintaining liquidity.
Aim for tax-efficient investments to maximize post-tax returns.
If you follow this structured approach, financial freedom is achievable. A well-balanced portfolio with growth and income assets will ensure a comfortable future.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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