Property Dispute
Querist :
Anonymous
(Querist) 09 January 2011
This query is : Resolved
Father sold his self acquired property and bought a new property with that money. He is having one son and one daughter. But, the new property was bought in the name of the son, who does not have any income. Father dies intestate.
Whether the daughter is having right on the property bought in the name of the son?
Kirti Kar Tripathi
(Expert) 09 January 2011
no. since the property was purchased in the name of son. who became the absolute owner of said property. moreover, since both the property of father were/are self acquired property, he was within his right to use his property in the manner as he wished. if he purchased the said property in the name of his son, what is wrong in it.
R.Ramachandran
(Expert) 09 January 2011
Mr. Kirti Kar has very correctly advised. In the self acquired property of an individual, no one has any right. If during the lifetime of the said individual, if he had disposed of the property in whatever manner that he might have chosen, no one can object to that. In this case, the father had disposed of his self-acquired property and with the sale proceeds got a property for his son. It is perfectly legal. The daughter cannot object to the same. She cannot claim any share in the said property.
Arun Kumar Bhagat
(Expert) 09 January 2011
I agree with Mr. Kirti Kr. Tripathi & Mr. R.Ramchandran.
Querist :
Anonymous
(Querist) 09 January 2011
What is the powers of the Father (if he is alive), on that property. Whether the father could have taken the property for himself through court process.
R.Ramachandran
(Expert) 09 January 2011
No. Having given/purchased the property in the name of the son, the son would become the absolute owner of the property and the father (if he is alive) could not have taken it back - even through court process.
