Details required. Case law of SC vary from facts of each case. Mere payment of consideration by parents does not make them entitled to claim back property. Claim of parents can be challenged on several grounds. Consult with detail.
Can parents claim back property purchased on their children's name
Could You Please Provide Relevant Supreme Court Judgement Regarding The Parents Cannot Claim Back The Immovable Property Purchased On Son Name Even Though Consideration Was Paid By Them
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
The Supreme Court has ruled that parents cannot take back land or property gifted to their children on the ground of ill-treatment by the offspring after they have received the gift.
If conditional gift deed is executed patents can claim the property if son is not taking care of aged parents
2) if property was purchased in son name son Is absolute owner of property and cannot be claimed by parents
It Is Not A Gift Deed Sir.My Parents Have Sent Amount To The Person Who Has Selling The Property.The Sale Deed Was Registered On Children Name.
Asked 2 years ago
If the sale deed is in the name of the children, then later parents do not have any right on such property.
Father cannot claim the property bought in son name
Yes, Parents can take property back . if it proved in the court that payment made to purchase on children name the property is hard earned money of parents.
The property bought on the names of the children shall be their own and absolute property.
The parents cannot claim title or ownership to the property by mere funding for the purchase of the property even if such funding is proved.
Since it is not a gift, then there is no grounds for the parents to claim the property just because they passed on sale consideration amount to the seller on behalf of the children.
It may have to be proved besides the it can be set aside as gift of money towards their children out of their love and affection.
If the transaction was more than three years from the date preceding to the institution of law suit, then the claim for recovery of money is also barred by limitation
You need to file a suit and prove that consideration was paid by you parents then property will belong to parents
- As per law, after the property is registered in the name of children , then the parent has no right to claim over that property during the life time of children, even the child was minor at the time of registration and parent was a guardian therein.
- However , the parent can file a declaration suit before the court for declaring himself as the owner of the property after producing the evidence of fund payment for the purchase of that property in the name of child, but proving the case is not easy , and hence it is not possible .
Dear Client,
Father cannot claim the property bought in son name.
