Can father take his property back from his son?

James (Querist) 04 November 2013 This query is : Resolved
Hi. My Father has sale deed his property to one of my brother during his childhood but now son is not taking any responsibility of parents and went out from the family. So, is there any law that my father can claim his property back?

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Sarvesh Kumar Sharma Advocate (Expert) 04 November 2013
Yes; due to these condition it is possible

Rajendra K Goyal (Expert) 04 November 2013
Sale deed and all related documents need to be consulted, consult a local lawyer.

MohammedRaffiq Bijapur (Expert) 04 November 2013
Hi James
See concept of benami transaction is abolish.if once sale deed is got registered there should be strong grounds to setaside the same.
Here ur father claiming property of ur brother on the ground that he had purchased the property in the name of his son. I personally feel ur father has little chance to get back the property.
There are other laws where ur father can claim for his maintenance..

Sudhir Kumar, Advocate (Expert) 04 November 2013
I tend to agreed with Mr Mohd Raffiq

Dr J C Vashista (Expert) 05 November 2013
I agree with Mr. Mohd Rafiq, the property once sold is irrevocable.
However, your father can claim maintenance from yur brother u/s 125 Cr. PC

James (Querist) 05 November 2013
Thanks all for your quick reply. Can you please let me know the maintenance amount limit which my father can claim? else you can point me to specific section of property law which talks about the maintenance claim.

Really appreciate your help here!

Dr J C Vashista (Expert) 06 November 2013
1. I have already mentioned the provision of law, please read carefully.
2. Amount of maintenance depends upon number of factors and unlimited.
3. Donot shy away engaging a local lawyer

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