If the same was purchased in ravi name she can't claim as same becomes ravis property. She needs to file a separate suit to claim that the same was only purchased in ravis name for a just name sake but intention was to built family property
Claim on property of brother but purchased by father money
A person Ravi has Son and a Daughter. In 2004, Ravi purchased land & Registered in the name of his Son. EC and Patta on Ravis Son name only But Ravis Son doesn't have income at that time (Year 2004). Ravi's Son and Daughter were not married in the year 2004. Ravis Son sold a portion of the property in the year 2015. Ravi Passed away in the year 2019. Ravis wife also passed away in the year 2021. As this property purchased Ravis Money only. Can Ravi's daughter claim this property? If yes, Is there any court order / Case no? How to search? Note: Son got married in the year 2008. The daughter got married in the year 2005
Asked 1 year ago in Property Law
Religion: Hindu
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8 Answers
Daughter can claim share in property as bought in son R nabe for benefit of joint family
2) R had no source of income for purchase of property and hence daughter can claim share in property
Hello,
- As the property is registered in the name of Ravi's son, it cannot fall in the category of property to be inherited and therefore apparently the daughter cannot make a legal claim for a share.
- That the son didn't have independent income at the relevant time, and he did not purchase it with his money does not in itself disqualify is absolute ownership or entitle other legal heirs.
Son and daughter have equal share in the property purchased by Ravi. A portion of property is sold by son in 2015. Ravi and his wife passed away in 2019 and 2021. As daughter have half share in the property, she can claim the part of property sold in excess of share of son, that is more than his half share. If the portion sold is half of the property, daughter can claim remaining unsold half property purchased by Ravi. She can file a suit for partition and separate possession of her share. Add brother as defendant No. 1 and purchaser of property as defendant No. 2 to the suit. Include the property sold by son in the suit. Court will divide the property equally declaring you (daughter) as owner of half share and putting you in possession of half share. You can file suit in Section 26 of Civil Procedure Code, 1908.
Since the property was registered on the name of his son, the legal heirs of Ravi cannot claim any rights over the property because it becomes Ravi's son's absolute and own property by the virtue of the registered sale deed on his name even though his father had fully funded for the purchase of the said property.
- As per law, if the said property was purchased in the Ravi who was a major , then after his death the said property would be devolved upon all his legal heirs.
- Further, he was having his right to sell the said property without taking the consent of his father , if he was not having any objection for the same.
- Further, the daughter of Ravi has no right to claim over the property which is in the name of Ravi son.
Hi, In this case the daughter can't claim her share in the property.
Actually, your father has the power to dispose of the property in whatsoever manner he desires as it is his self-acquired property. However, if you think there is Undue influence or Coercion from your brother on your father to transfer the property, the same can be contested or you can also prove that the money used to buy the land was not really your father's self-earned but was gained through the ancestral property (like by selling it or from the profit made out of it).
