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Can father claim his bought property back which he bought in sons name


10-Apr-2023 (In Property Law)
I am hindu. My father bought a property in the name of his son when he was minor. Since the son and his wife doesn't look after father and mother and behave very badly, father wants to claim the property back. Can father do it? Can father make a new will?
Answers (1)

Answer #1
553 votes
immovable property purchased by him out of his own funds. But it was pointed out that the inclusion of the minor's name in the document of title did not confer any title on the son unless it was proved that the minor had any independent source of income and the minor's money was utilised in the acquisition of the property.
Kanakarathanammal v. V.S. Loganatha Mudaliar, A.I.R. 1965 S.C. 271. In that case, the consideration had been provided by the husband, but the property was purchased by the wife and the question was whether it was a benami purchase or not. Their Lordships examined the circumstances of the case, and relying mainly on certain admissions made by the husband, came to the conclusion that the property which had been purchased by the wife in her own name was her property. The decision of this case shows that the deciding factors in that case were the admissions made by the husband and it could not be explained that the intention of the husband was not to treat the property in that case as his wife's property.

Thus, if your father is able to show that the property was bought by your father's money then your father can take back the property. Yes your father can make a new will after obtaining the title of the property.

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