If Your father purchased property in your name he could not have transferred it in his brother name as any sale deed or gift deed ought to have been executed by you
you can file suit to set aside sale deed or gift deed
Property transfer
I have land which was purchased by my father in 1983 and that time I was minor.but few weeks ago my father transfered that property to his brother without any intimation. So I want to know that can I claim that property and am I legal owner or not? Contact me at [deleted]
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
No, in self acquired property of father, children have no right in father`s life time.
Dear Sir
No, son can not claim any share in father's self earned/ acquired property. Only can claim in ancestral properties….
Your father is the absolute owner of his property, he can dispose his as he wish.
Self acquired property can be left to anyone in India. Even inherited property can be disposed or converted to other property for which a son has no claim. Regardless of above son has no claim whatsoever to both inherited or self earned/acquired property while father/mother is still alive.
No you are not legal owner if father purchased the property in his name it's his self acquired property. He on his free will can transfer the property.
If he is alive and the same is set acquired property you can't do anything. But if he is deceased you will have equal share
1. IF property was "self-acquired" by Father from his own earned money, THEN he can Sale /Gift /Donate /Transfer /Mortgage /whatever.... without the need of any consent or objections from any his minor /major legal heirs.
2. However, IF you documentarily prove that Father was coerced /forced /threatened or was mentally not stable when he transferred his property to anybody, THEN the legal heirs can stake claim via a Civil Suit in the local Civil Court, by following due procedures of law.
1. No you cannot claim that property if it was self acquired by your father.
2. It's his right to dispose of the property as he is legal owner of that property. So you are not legal owner of that property.
Whether the property was purchased by a registered sale deed on your name during your minority of age?
If so, then you are the owner of the property and if the property was sold during your minority of age then you can file a suit to recover or retrieve the property within three years from the date of becoming major by age.
If the property was not bought on your name then you cannot claim any share in it as a right.
If the property was registered in your father's favour then during his lifetime you had no share therein and he was at liberty to alienate it to anyone without any intimation to any of his legal heirs.
the property purchased by your father is self acquired property and you will have right. but if he made any will r terms and condition in the documents in his favour then you wont get..
