first son is owner of property as property transferred by father to son by gift deed . . other children have no claim on property standing in name of son
Property claim
Hi All , Small Query If Mr. A has bought a property with the family income of daughter and sons, then transferred the property in the first son's name for acquiring loan for development of the house and then the son never returned the property documents, now both Mr A and his son on whose name the property was transferred are expired. Now can other children's of Mr A claim for the property. Additional Info, Mr A's wife is still alive and Mr A has 2 sons and 7 daughters.
Asked 10 years ago in Property Law
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4 Answers
As this property was earned with joint effort of Mr A, and his children's, will this property become joint property? If this becomes joint property then According to Mitakshara Law, will daughter get a share and If still not then can Mr A's wife claim for the share as she is still alive?
Asked 10 years ago
since property was bought in name of A he was absolute owner of property . he could make a gift in favour of his son . if you are aggrieved you have to challenge the gift deed
If all the children pooled together in the purchase of the property then the transfer of the property in the name of one son alone is in itself illegal unless expressly authorized by all the contributories. However, whether or not the other children can now stake a claim to the property depends on a number of facts such as when the transfer was made, by which instrument it was made, etc.
It will not become joint property as the same was purchased in the name of A. However, the other children may, subject to the conditions enumerated in my last reply, lay a claim to a share therein as they contributed monetarily in its purchase.