They can claim a share only incase they can prove that the sale consideration towards purchase of this property was contributed exclusively by the father. Doing so, will be an uphill task.
Lands purchased by father in the name of eldest son
Hello sir,my father purchased five property's on his own income..three properties on is own name and one on his wife name,and one on is younger son name at the age of 8(minor ) and father has a guardian and the property purchase directly from the seller to younger son name...now the son is major and age 36... my question is ...is the brother and sister can claim the share on the youngest brother property which is in the name of the youngest son and eb bill,land tax payed in the name of youngest son name for past 25 years... my father expired recently without executing a will....
Asked 7 years ago in Property Law
Religion: Hindu
14 Answers
Hello,
As the property is solely on the name of that son, other siblings cannot claim the share , though it's a benami transaction.
Regards
No the other brother and sister has no share in the property even if it was bought by father. The property right created as minor the son has sole and absolute right over the property.
- As per the information mentioned in the present query, makes it clear that the property was purchased in your name.
- It is always the assumption in the eyes of law as to when a person putting any property on someone else’s name hen his intention is give the same to that person only.
- So, no body can claim any thing from you from that very property which is yours.
- But, yes they can ask for the share in the property which was on your father’s name.
- That properties will dilute equally on each one of you, including all the successors to him as per Hindus succession Act.
Rest, you can consult me through Kaanoon for further legal assistance in the steps involve in claiming your share in other properties of your father which were on his name only.
1) you can claim share in property purchased in name of younger son
2) take the plea that property was bought for benefit of joint family as brother was minor at time of purchase and had no funds to purchase the land
1. The property purchased in the name of wife or younger son would be considered their self owned property and no one except them would be considered its exclusive owner.
2.So in the said property no one except them would be regarded as its exclusive owner. The same having been purchased in the self acquired assets of father, it can not be treated as ancestral property of father as well.
My father died in 2016 without writing a will , and gave birth to 4 childrens,and by self earning he purchased 5 propertys in that 3 propertys he registered in his name ,and 1 property in son name that's 1 property in his wife name , i have 2 elder sister who got married and 1 elder brother and me we both are not married partition Case filed by both the sisters after there marriage getting all seedhanas etc,my sisters filed civil case on jan 2017 under act 37/2 ,27(c)requesting share in propertys which is in my father name and the property in my name,they didn't claim the share in the property in my mother's name which purchased by my father by his own income in my mother's name, partition suite filed by my sisters asking 2/5 share in the propertys in my name and in my father name i also requested in the statement earlier to the court to include my mothers property in the pool of partition bcoz my father purchased in her name by his own self earning and my lawyer said once said to me initial stage of case that i should pay the court fees for mothers property in the pool of partition but now case is nearing 1 year in evidence stage still my lawyer didn't pay the court fees to my mother's property ?Is that will show negative result while judgement to me or what is my lawerys idea in not paying the court fees?
Asked 7 years ago
See there is no right in the property in name of mother and the son alone and this will be no negative effect the right of all son daughter for partition is in property that is in name of father alone.
Yiu have to file separate partition suit ru claim share in property standing in name of mother
2) pay court fees for your share in property
3) both suits would be clubbed together
4) if your lawyer is not guiding you properly change your lawyer
Your sisters have share in the 3 properties and the remaining 2 properties will be considered your and your mother's solely owned properties and hence they have no share in it.
Engage a good civil lawyer.
Though the father might have purchased the proeprty on his minor son's name, since it was purchased by a registered sale deed on his minor son's name, this property shall become his son's own and absolute property, nobody including his own father cannot claim any share in it as a right.
If your mother is living then her property shall become her own proeprty which cannot be impleaded as another schedule of propry in the current legal suit for partition.
Dont waste your time on this because your idea is not maintainable or tenable in law since there is no provision in law for that.
You may concentrae on your own case to protect your interests in your own property.
if the younger son is the sole owner then you cant claim it. If it was ancestral property then the claim would be valid
if the father had self acquired income and with those proceeds brought a property in son name, then the same cannot be challenged by the sisters or brother.
1. Property purchased in Minor's name becomes the absolute property of the Minor on attaining majority. No other Legal Heirs (including legal guardian or father or property purchaser) can make a claim on the property of the Minor.
Keep Smiling .... Hemant Agarwal