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Nived A P   06 September 2021

Property Rights

parents changes their land registration to son name for loan purposes of house making, now father died. he can throw out his mother outside home ? now the property name in his son's name


Quick Summary
This discussion explores property rights when parents transfer land registration to their son's name for loan purposes. Following the father's death, questions arise about whether the son can evict his mother from the home. While the son is legally obligated to maintain his parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the property's title now rests solely with him. The discussion clarifies that parental maintenance is separate from property ownership rights, and the son may technically have the right to decide who resides on his property, though the legal obligation to support his mother remains.

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 September 2021

according to Maintenance and Welfare of Parents and Senior Citizens Act, 2007 son is responsible to maintain his parents. ... A person has no legal obligation to maintain his in laws but he is legally obliged to maintain his parent.

Dr J C Vashista (Advocate)     07 September 2021

The property is already stated to have been transferred in the name of son, he may allow or not allow his mother to stay in the property. She has no right, interest, claim or title of the property. Maintenance of parents (mother in the instant query) is totally different subject which is irrelevant to title of the property.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 September 2021

You said "Parents Change" and so can it be presumed that property was in the name of both viz Father and Mother? And, what was the instrument the land property was conveyed to the Son? Was it through a Gift Deed?
1 Like

M V Gupta (Advocate)     08 September 2021

The facts narrated are not clear. However, the son cannot throw out his mother under any circumstances. Maintenance of parents is the legal obligation of the children under the Protection of parents and senior citizens act sited by Expert Shri Rama Chary.

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