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How can i transfer the property rights from my father.
06-Dec-2023 (In Property Law)
I am Hindu, NRI, permanently returned to India for good 3 years back, have 2 sons and both are US citizens, thinking to file a case for Divorce. I also have a younger brother and he has a daughter. I had purchased a property 14 years back but registered on my mother and father’s name. My mother passed away 4 years back. My father is not a tax assessee and don’t even have a pan card. Now my father wants to transfer the property on to my name. Who (my dad, myself, my wife and my two sons, my brother, his wife and his daughter) have rights on the property? How to handle this scenario with no issues in the future and minimal expenses?
First with reference to property transfered in to your mother ,father name means it's the an absolute property of your parents if the recitals of the sale deed speak that property purchased from the income of your parents alone.
If there is no such specific clause then all the children of your parents have equal rights over the same.
Your wife doesn't have any right over the same .
If your marriage registered under USA law, and marriage solemnized as per your wife custom then divorce case to be filed in the foreign jurisdiction court.
If you have got citizenship of USA by domicile and married you after acquiring citizenship of her country no option to file divorce petition in jurisdiction court of USA.
Regards from
Ravindra prasad
If there is no such specific clause then all the children of your parents have equal rights over the same.
Your wife doesn't have any right over the same .
If your marriage registered under USA law, and marriage solemnized as per your wife custom then divorce case to be filed in the foreign jurisdiction court.
If you have got citizenship of USA by domicile and married you after acquiring citizenship of her country no option to file divorce petition in jurisdiction court of USA.
Regards from
Ravindra prasad
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Adv. Ravindra Prasad
Kolar | 100+ Answers
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Hi, As per your case study your question is little confusion, since your talking about you or your father, kindly make clarification on that. So i can understand the query. But end of the day you can register the property as per legal circumstances. Thank you
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Adv. Yogesh B
Bangalore | 25+ Answers
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1.Since the property was purchased and registered in the name of your parents and not inherited by your father it will be considered as his self-acquired property. Till he is alive no one has a claim over it. It is upto him to
(a) Sell, gift or otherwise transfer it to anybody during his life time.
(b) Make a Will and bequeath it to any one or more persons both natural and juristic.
2. However if he dies intestate i.e. without leaving a Will, then there can be complications.
(a) Sell, gift or otherwise transfer it to anybody during his life time.
(b) Make a Will and bequeath it to any one or more persons both natural and juristic.
2. However if he dies intestate i.e. without leaving a Will, then there can be complications.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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