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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.
Answers (3)

Answer #1
928 votes
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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Advocate Minansu Bhadra

Adv. Minansu Bhadra

LawRato Kolkata | 25+ Answers
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Answer #2
655 votes
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.
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Advocate Goutam Majumder

Adv. Goutam Majumder

LawRatoKolkata | 200+ Answers
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Answer #3
754 votes
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 .
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Advocate Vikram Ojha

Adv. Vikram Ojha

LawRatoKolkata | 200+ Answers
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