• Who is owner of property

If father of age 50 years purchase a plot in his son's name & his son is of age 30 years and all payments done by father.1.who is owner of that plot 2 if father wants to sold that plot can he sold that plot without approval of his son on whose name that plot is purchase3.if that plot is sold who has to pay tds on that amount
Asked 1 year ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu

1. Father is the owner.

2. No without the sign of the son the same can not be sold.

3. You will have to pay but internally the father can pay you.

See if you create any hassle in selling the plot then he can file a declaration suit to the effect that he has paid for the property and therefore he is the owner.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Father cannot sell that plot without permission of his son who holds the title in his name.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1. if plot purchased on son name then owner is son.

2. without consent of son the plot cannot be sold.

3.The buyer has to deduct TDS at 1% of the total sale consideration. Note that the buyer is required to deduct TDS, not the seller.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

1. Since in record the owner is son further father cannot file a declaration also since it would then consider as benami transaction and same is punishable. So father cannot sale the property without consent of the son.

Buyer will deduct same and deposit with the govt.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Father has to file declaratory suit that he is absolute owner of property

2) as on date father cannot sell property without consent of his son

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

All the power relating to the plot will be consistent with your son....The father has no power to sell. If father has the proof of giving money at the time of registry, he can file a suit against his son in District court to recover money.

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

1. The owner of the property is one in whose favour the sale deed of the property has been executed.

2. Father cannot sell the property as it is registered in his son's favour.

3. Father can file a suit for declaration in the competent civil court to declare that the property is benami in the hands of his son and he be declared as the title holder of it.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Dear Client,

Actual owner is father but by court declaration as the sale deed is executed in your name. So your involvement will be necessary for sale of plot.

And as per sale deed, you are owner.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Answerd by Adv kavery Anand Bangalore.. sir if son is 30 years then ..

Father can't sale that property with out son's consent.. Eve though entire amount paid by father.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
318 Answers
12 Consultations

Not rated

This is my response to you:

1. The son is the owner of the plot;

2. The son's permission and signature has to be taken for the sale;

3. Although the father can prove his ownership if he can produce proof the purchase by him;

4. The TDS will have to be paid by the son.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

1. The son on whose name the registered sale deed stands shall be the absolute owner of the property.

2. The father is not the title holder hence he cannot sell the property.

3. The owner of the property who receives the sale consideration amount.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Son is the owner as plot is on his name on records.

No. Father cannot sale the plot. Only son can sale it.

Son has to pay tds.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

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