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Partition

(Querist) 01 October 2016 This query is : Resolved 
Property purchased by father in name of his one son,now father is expired can other sons of father can seek partition of that property.?
Kumar Doab (Expert) 01 October 2016
Apparently;NO...................as per limited understanding from limited post, in the query.


The title is on the name Son. So son is owner.
Advocate Bhartesh goyal (Expert) 01 October 2016
Rightly advised by Mr Kumar Doab.you can not seek partition of the property whose title doesn't vest in your father's name.
Raj Kumar Makkad (Expert) 01 October 2016
The property is exclusive self-acquired of the person having his name on the title-deed.
Devajyoti Barman (Expert) 01 October 2016
The general answer is No.
However f it is found that the proeprty was purchased out of common fund of joint business , if any, then other sons can claim their share.
R.K Nanda (Expert) 01 October 2016
Nothing to add more


Raj Kumar Makkad (Expert) 01 October 2016
@Barman Sir! The author has clearly said that the property was purchased by father in the name of father.....


There is no mention of common fund of family then how your comment shall be relevant in the given facts?
Ms.Usha Kapoor (Expert) 02 October 2016
Agree with experts.
Ms.Usha Kapoor (Expert) 02 October 2016
Agree with experts.
Ms.Usha Kapoor (Expert) 02 October 2016
Agree with experts.
Guest (Expert) 02 October 2016
What is your concern with the father, son and the property?
P. Venu (Expert) 02 October 2016
Yes, NO is the answer unless there are any special circumstances.
Kuummaar AS (Expert) 02 October 2016
It is indirectly in the form of a Gift as instead of giving money as Gift, father purchased property in the name of one of his sons. As such, other sons have no right in that property unless something else is there relating to that transaction.
Kumar Doab (Expert) 02 October 2016
Learned Expert Mr. Devajyoti Barman,



It was father and father's money, for purchase.



Your observation is precise and concise and noteworthy hence it was duly noted and supported by other learned experts Mr. P.Venu, Mr. Kumar AS, Mr. R.k Nanda, Ms Usha Kapoor........




The author should deliberate on the observations made by you.


Expert like you can deliberate further and fetch relief for client, with surrounding facts, of the matter.


Rajendra K Goyal (Expert) 02 October 2016
Broadly, if the property is in the name of son, he is owner, other brothers have no claim in it.
Raj Kumar Makkad (Expert) 02 October 2016
There is no relevance who contributed for the purchase of the property. The sole material thing is in whose name title is recorded. In the given case, father had just helped his one son to purchase that property so others have no claim therein.


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