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Shruti   09 February 2022

Can father take back land purchased in name of son

Father purchased property in my name when I was 1 year old. After that another son born. Father constructed house on part of that land and house is registered in my name along with electricity connection. I left home when I was 17 to work in a factory and moved back home after retirement. My brother and his family live in the house with my mother-father. They lived off my father's inheritance and in last 40 years, sold 75% of ancestral property without giving me a single penny. My brother beat me and threw my things out of the house. My brother says that he constructed the house (my 96yo father supports him) and that the land purchased on my name should be partitioned into two because he was not born then and that I should take part of the land in which there is no house and build my own house on it. Can my father take back property purchased on my name and divide between two sons? Can I ask for compensation for 75% of ancestral property that my father sold without my permission and father and my brother lived off it for last 3-4 decades? Thank you, S.S. Tiwari



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 2 Replies

Aryan Raj   09 February 2022

Dear Shruti,

Since the property was purchased by your father with his self acquired money therefore your father can reclaim the property now as you had no source of income to prove that you acquired the property with your income money. And yes he can divide that property as he wishes after reclaiming it.

You can refer to this judgement for better understanding Kanakarathanammal v. V.S. Loganatha Mudaliar, A.I.R. 1965 S.C. 271. 

And yes you can claim your share from the ancestral property it's your legal right according to the Hindu Succession Act. 

Regards,

Aryan Raj 

 

 

Kay Bee   10 February 2022

if the father has purchased property using his own income it qualifies as separate property & hence he can take it back

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