father purchases land ®istered on 2nd son name.
bujalakrishna
(Querist) 07 May 2010
This query is : Resolved
We are 6 brothers,My father purchases 81/2 ac land during 1970 and registration was done on my 2nd brother name ,who is minor (6 years)at that time.Now 2nd brother was expired and his wife is claiming that land in addition to the other family land.My father is saying that,it is purchased by me,hence it shall become joint family property & all should have equal rights.Please conform that ,this property is belong to her or belong to my father or belong to all brothers.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 May 2010
Yes the wife of the second brother who has expired has exclusive rights alongwith with his other heirs if any.
It can not be treated as your father s property and hence other than legal heirs of the deceased no other person has any right.
You have only oral knowledge that the property was purchased by your father which was meant for all other brothers what is the evidence for that. Law demands and respects evidence.
ESTHERPRIYA
(Expert) 07 May 2010
Kindly see the devolution of the property. If the property is purchased by father in the name of his minor son and the son's role is like a benami only. But the wife has right to claim his husband's share in all the property of the husband.
bujalakrishna
(Querist) 07 May 2010
Mr.Shasikumar,
Thanks for your reply.It is evedent that,my father is still alive and he claims that,property is purchased for himself & family eventhough registered on 2nd brother name.
G. ARAVINTHAN
(Expert) 07 May 2010
Your father have to prove that the same is bought in his earnings
bujalakrishna
(Querist) 08 May 2010
It is very clear that,purchase of land throug my father earnings only,as he do not have any income(at the age of 6 years) other than my father earnings.
