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Can son claim property that is transferred to daughter
20-May-2023 (In Property Law)
Son had taken loan against property & wasnt ready to repay after multiple reminders from Bank. - daughter helped and paid the debt. Mother inturn sold property to daughter (sale deed). Now daughter has registry of property in her name. Mother then passed away. - physical possession of property is with farther (age 85+): Mutually agreed btwn father & daughter. Recently son starts visiting father. My Que: can son or his children claim the property? Can I legally secure if son enters d property n doesn't agree to vacate in d event of father's death. Thanks
It really depends if the property was self acquired or ancestral. If the property was self acquired and mother transferred it to the daughter and took sale consideration as well son can't claim. However if the property is ancestral son has a right.
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Adv. Shikha Sapra
Delhi | 25+ Answers
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It appears that the sale deed with respect to the property is in the favour of the daughter. If that is correct then she is the sole and absolute owner of the property and nobody except her can claim any right thereto. There are other means as well through which the right in the property are capable of being secured. Consultation advised.
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Adv. Puneet Kumar Agarwal
Delhi | 100+ Answers
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As per law he has no right to claim share in the property which is transferred to daughter. But he now started visiting his father, there must be some reason. He might file a case or do anything to grab the property. In you want to restrain him, you can file a suit for permanent injunction. After the decree he will never able to visit your house. Your right over the property will be protected.
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Adv. Atul Patni
Delhi | 200+ Answers
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Depending on the rights of transferee and transferee such cases arr advised. Every difficulty has solution- sometimes short, sometimes lenghthy. So due deliberattions are needed before concluding. So contact and give me clarifications on certain points to get proper advise.
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Adv. Lata Lochav
Delhi | 25+ Answers
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