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can i register my property to my son who is a US citizen
16-Aug-2023 (In Property Law)
After my father expiry , we bought a land of 500 sq.yards and put the property on my name and my mothers name.my mother now gaveup her share and the property is on my name.Now my brother is asking for a share on that property.(at the time of property purchase the cost was 5 lakhs and now it is 5 crore).he was given some cash at that time and I took the property).Now I would like to save my property.Does he has any right on this property ?my son is a US citizen.(12yrs old).can I register my property (which is on my name ) on my son's name?.can my brother challenge this in the court? plz help
Yes.there is a provision where in case you want to transfer the property to person living abroad you can gift deed it or through will ...here your son is minor so you appoint some as his guardian and you can transfer your property to your son name and the guardian will look after the property ..I need to go through your documents so to see what best can be done ...
Property can only be challenged if it's ancestral ..inherited ..though burden of proof lies upon the person
Property can only be challenged if it's ancestral ..inherited ..though burden of proof lies upon the person
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Adv. Syed Yakoob Zainulabedin
Hyderabad | 100+ Answers
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as the property purchased on your name and your mother name, your brother has no any right over the property. As your mother already gaveup her share not your became the title holder of the entire property. Your brother has no any right to ask for share in that property....
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Adv. Sheik Madeena Valli
Visakhapatnam | 25+ Answers
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Hi
From your query, i understand that the property was purchased in your name and your mothers name.
A property of a woman is her absolute property and no person can have any claim on that. Since your mother has relinquished her share in your favour, you are the absolute owner of the property.
Now if your brother has been silent for so many years( i presume the time span for property value to increase from 5 lakhs to 5 crores would have taken more than 15 years), he cannot make any claim now.
You can by way of gift deed transfer the property from your name to your 12 year old son's name and also be the guardian for the property after transfer.
Now your brother may choose to file a suit in the court, but the case will be dismissed on the grounds of Limitation, Sec 8 of Hindu succession act and Sec14 of Hindu succession act.
Hope this information is helpful.
From your query, i understand that the property was purchased in your name and your mothers name.
A property of a woman is her absolute property and no person can have any claim on that. Since your mother has relinquished her share in your favour, you are the absolute owner of the property.
Now if your brother has been silent for so many years( i presume the time span for property value to increase from 5 lakhs to 5 crores would have taken more than 15 years), he cannot make any claim now.
You can by way of gift deed transfer the property from your name to your 12 year old son's name and also be the guardian for the property after transfer.
Now your brother may choose to file a suit in the court, but the case will be dismissed on the grounds of Limitation, Sec 8 of Hindu succession act and Sec14 of Hindu succession act.
Hope this information is helpful.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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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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