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Rights of son on the properties which were acquired by him.


03-Feb-2023 (In Property Law)
Hello Lawyers, My Grandfather (Hindu) has 1 daughter (E) from his first wife and then 4 sons (A,B,C & D) from his second wife. A & B purchased three properties on my Grandfather's name, the entire payment was done by A & B but the properties were registered on my Grandfather's name. Three questions:- A. Can A & B legally stop C, D & E from claiming any right in the properties, as the money for purchasing the properties was entirely paid by A & B. Can they? B. If my Grandfather demises without any will, then what would happen. Whether only A & B will be allowed to share the prprt
Answers (2)

Answer #1
635 votes
A benami transaction is not permitted in law. However, if A & B can provide evidence of payment of monies towards the property then perhaps, a claim can be made out.
All A, B,C,D and E shall have a share in the property of their father under Hindu law if your grandfather dies intestate (without a will).

Answer #2
661 votes
In case Grand father is the exclusive owner of the properties then all legal heirs have right in the same.
So far as source of funds is concerned if that can be proved and reasons for purchasing the property in his name then the same can have some bearing but other legal heirs have an indefinite right to sue.

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