Civil Procedure Code (CPC)

claim in property

This query is : Resolved 

09 October 2009

A Hindu father purchases properties out of his own earning directly in the name of his minor sons and wife 20 years ago. Dies eventually. Now the daughter, who is married, claims share in the property. sons' contention is it is their self aquired property. OS of daughter dismissed and she has appealed.
is she entitled please comment

Sachin Bhatia (Expert)
09 October 2009

If the property is purchased in the name of son then daughter has no right in the said property but she can claim her share in the property left by her mother.

joyceOnline (Expert)
09 October 2009

Dear Madam,
Father has purchased the property in the name of his minor son, After the son's attening Mejority the rights of records directly shows his name in holders coloum I think so, so the defence taken in the Original suit lies in his favor and hope the appellate court also follows the same, even I agree with what Sachin Bhatia suggested.

Adinath@Avinash PatilOnline (Expert)
12 October 2009

I am dfferent opinion if father is purchased property in the name of minor sons and wife before 20 years ago, the said property is not self acquired property of sons,because sons are minor they have no earnig capacity 20 years ago,hence said property is ancestral property and daughter entitled to get there shares in partition suit.Daughter will succeed definitaly in appeal.

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