• Property claim

Hi All , Small Query
If Mr. A has bought a property with the family income of daughter and sons, then transferred the property in the first son's name for acquiring loan for development of the house and then the son never returned the property documents, now both  Mr A and his son on whose name the property was transferred are expired. Now can other children's of Mr A  claim for the property.
Additional Info, Mr A's wife is still alive and Mr A has 2 sons and 7 daughters.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
first son is owner of property as property transferred by father to son by gift deed . . other children have no claim on property standing in name of son
Ajay Sethi
Advocate, Mumbai
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1411 Consultations
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since property was bought in name of A he was absolute owner of property . he could make a gift in favour of his son . if you are aggrieved you have to challenge  the gift deed
Ajay Sethi
Advocate, Mumbai
25905 Answers
1411 Consultations
5.0 on 5.0
If all the children pooled together in the purchase of the property then the transfer of the property in the name of one son alone is in itself illegal unless expressly authorized by all the contributories. However, whether or not the other children can now stake a claim to the property depends on a number of facts such as when the transfer was made, by which instrument it was made, etc.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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It will not become joint property as the same was purchased in the name of A. However, the other children may, subject to the conditions enumerated in my last reply, lay a claim to a share therein as they contributed monetarily in its purchase.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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