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Father bought property in elder sons name will younger son have rights
24-Apr-2023 (In Property Law)
Father purchased property in the name of elder son so in such a situation will the younger son have any right of share. There is a written document however this is not on any court of paper. Your advice will be highly appreciated.
If father purchased the property in the name of elder son by a registered deed of sale then younger son and father himself have no right.It is does not matter who had provided money.This provision is enacted after abolished of Benami Transaction in 1988.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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Can father purchase property in son's name for capital gain?
You would not be liable for tax on the purchase of property. Your father, however, will have to pay capital gains taxes on the sales. The amount of capital gains would be determined by the sale price, date of sale, purchase price, and date of purchase, etc.
What is the right of son in self-acquired property of father?
The father can give or will a property he has acquired himself, and his children have no right to object. If the father does not leave a will at his death, then the property acquired by the father is distributed equally amongst the legal heirs. 12-Apr-2023
Can my son claim my father's property?
Hindu Law (Hindu Succession Act 1956): A son cannot be entitled to ownership or a portion of the fathers estate during his life unless the father transfers or gifts the property. The father can give his son ownership by transferring it through a valid gift deed.
Can father transfer property to one son?
The family estate cannot be transferred to a son by a parent. Hindu law stipulates that an ancestor’s property can only be left to a child if there are certain conditions such as hardship, religious reasons, or financial hardship. The ancestral property cant be given to just one child.
The fact narrated needs clarification in respect of a property that one son has got from his father. But how? Whether the subject property gifted to one of the two sons or money given to the son and son purchased the flat in his own name.
The registered sale deed, mutation certificate, tax document and registered gift deed (if gifted) are to be examined.If father is still alive, the entire issue can be handled in one manner , otherwise the is required to be addressed in a suitable legal manner.Contact lawRato for further advice.
The registered sale deed, mutation certificate, tax document and registered gift deed (if gifted) are to be examined.If father is still alive, the entire issue can be handled in one manner , otherwise the is required to be addressed in a suitable legal manner.Contact lawRato for further advice.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Dear client,
Please state clearly how the property is purchased by your father in your brother name as you are saying its not on court paper because any property if purchased has to be done by way registered deed of conveyance.
As per details of your question the said property is not purchased properly so dealing with further point is irrelevant .
Please state clearly how the property is purchased by your father in your brother name as you are saying its not on court paper because any property if purchased has to be done by way registered deed of conveyance.
As per details of your question the said property is not purchased properly so dealing with further point is irrelevant .
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59+
59+
Adv. Vikram Ojha
Kolkata | 200+ 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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