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Dilip Kumar   08 August 2021

Right of legal heir

If father buys property .....then legal heirs has right in that property...??


 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 August 2021

No.  It is his own property.  After him, intestate, then all his legal heirs have equal rights.

1 Like

Advocate Bhartesh goyal (advocate)     08 August 2021

No, Father is only owner of his self acquired property and during his lifetime he and only he has right to sell,gift ,bequeath or transfer his self acquired property ,no anyone may be his legal heir have right in the property.If father dies intestate then legal heirs have equal share and right in property.

1 Like

Dr J C Vashista (Advocate)     09 August 2021

Legal representatives shall inherit the intestate property property purchased by deceased in succession.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 August 2021

Your question has the answer. You say the father"purchased" the property which means it is his self-acquired property. A person can do whatever he wants with his self-acquired property. Only in case, such person dies intestate ie. without writing a Will,  then all legal heirs stand to share it. Of course, if the Will is written, whoever is named therein, shall inherit the property as per such Will.

Dilip Kumar   09 August 2021

Thank you sir.

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 August 2021

Dear Friends, In my legal opinion a person can purchase any property either by two ways ; Firstly by his own self earned money and Secondly from the money which he has derived in heritance of by sale of any ancestral property. The consequences in these two conditions shall not be the same for the inheritance of this newly acquired property. In first case where the property is been purchased out of the self earned income legal heirs can not demand their compulsive share out of this property from the Father and it will be solely on the father's choice and will to whom he gives of make his will for the same. However in the second case where a property is purchased out of the sale proceeds of a undivided inherited ancestral property in that condition all the legal heirs have their respective share in the  property purchased.

P. Venu (Advocate)     11 August 2021

True, the querist does not appear to have the case that the property is purchased out of the proceeds of the ancestral property.

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