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JC   11 January 2019

Is a flat purchased by selling inherited flat self acquired?

Person A bought a flat from the sale of a flat that was inherited by him. Person A included his wife - Person B as joint holder of property. 

Person A left no Will and on Person A’s passing, the wife, Person B became the sole owner of the property, both children had no objection to the flat being transferred in the mother’s name.

Person B sold the property, bought another property and included her son’s name as joint owner to minimize disputes in the future and to make it easier to transfer the property to him.

Person B has 2 children.

Is the new property bought by Person B, a self acquired property that she can will or gift to her son? 

 

Thank you in advance for your help



Learning

 6 Replies

Shashi Dhara   11 January 2019

Who has invested money to purchase property

JC   11 January 2019

Person B has bought the flat.

Person B was joint holder in the previous property and after the death of her husband became the sole owner of the property. She then sold that property and bought the current property from the sale proceeds.

My question is, can she gift this property or will it to her son or dose she have to divide it between the 2 children.

Thank you

JC   11 January 2019

I would also like to know if once you inherit a property and then sell it, when you buy a home would that count as self acquired?

Thank you

T. Kalaiselvan, Advocate (Advocate)     13 January 2019

It becomes the own property of B since prior to that the sons have relinquished their rights in the property that was sold by her as an absolute owner.

Thus she becomes an absolute owner of the property now purchased if it was on her name alone, whereas she has purchased on joint names, hence it will be considered as joint property

1 Like

JC   14 January 2019

Thank you for your help. Can Person B now gift her share of the property to her son wth whom she is the joint holder. And if she does so, can the other child contest the gift deed. Thank you

T. Kalaiselvan, Advocate (Advocate)     23 January 2019

She can very well dispose her own share in the property now jointly held,  to the other joint owner.

There is no legal infirmity in it.

Any dispuite in this by a third person is not maintainable in law.

 


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