• I bought property from My dad

1. My dad bought 2 Plots from others around 10 years ago. Due to financial issues, my dad asked me to buy one plot and I bought it around 4 years ago. I have two brothers who are married. I went for Sale deed for Registration instead of gift deed because I bought that property. Now my dad is asking to buy second plot as well for again financial reasons. Is it okay If I buy property from my dad which is not ancestral property? I am from Hindu community. Is there any chance my brothers will send legal notice to me in future? I just bought it earlier from my dad because it is not ancestral property.
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

Father can sell his self acquired property to anyone. Only thing to take care of is that you should have payment proof.

Without sale consideration, sale dose not complete.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

if it is self acquired property then son can purchase the property from his father.
There is no bar for such kind of transaction. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Proof of payment of debt is must. Otherwise, after demise of father, brothers can challenge previous sale that since no payment made, so sale is void for want of consideration and they have equal inheritance right.

Better do one thing, ask your father to execute WILL in your favor. So if sale is disputed by brothers than also your title on the property through WILL will intact.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Yes, If only your father has possession and not of your brothers then you can purchase plot from father and make the payment online and  pay it to your father.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Hi 

You did the right thing by opting for the sale deed between you and your father for the first plot and now also you should opt for a sale deed between you and your father for the second plot.

However, ensure that 

a) The sale consideration is notionally higher than the Sub-Registrar office rates and 

b) transfer the sale proceeds by way of a demand draft to your dad at the time of registration of property.

c) All original title deeds (i.e your father's sale deed and your sale deed) are with you and 

d) Apply for mutation  of properties in your name at Mandal Revenue office/ Municipal office  as applicable.

 

In law , by virtue of section 30 of Hindu Succession Act,  a hindu male can execute any sale deed/ gift deed/ WILL in favour of any person for all his self acquired properties and no person including his children can question such transaction.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

You are at liberty to buy plot from your father 

 

2) all payments to be made by cheque only 

 

3) registered sale deed is necessary 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

It is necessary to peruse sale deed to advice 

 

consideration amount has to be mentioned in sale deed 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

- As per law, if the property is a self acquired property of a person , then he has right to transfer/sell the same to anyone as per his wish , and none having right to claim over the same. 

- Since, your father had purchased the said two plots from his own fund , hence this property would be considered as self acquired property of your father, and he can transfer the same to you as per wish , and other family members cannot claim any right over the same. 

- No, your brother cannot send you legal notice in future , however, you father should mention in the transfer deed , that this plot was purchased from his own hard amount and no amount was received by him in any form after selling any ancestral property etc.  

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

sale deed must include the clause stating the sale consideration/amount as agreed between the seller and the buyer which has to be paid by the buyer to the seller on the execution of sale deed.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Always keep in mind two points:

1. The deed should be duly registered with sufficient stamp duty,

2. You must keep proof of payment in favour of your father.

Better ask him to execute gift deed.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Yes it is all fine....moreover this is a blood relation transfer. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. IF Father is the Title-Owner of  both properties, THEN while being alive, he legally entitled to Sell /Gift /Transfer /Donate /Mortgage /whatever.... all his properties to ANYBODY he wishes to, without any legal references to anybody, whosoever.

2. You have to ensure that you have purchased the property via a proper Registered Sale Deed duly executed with properly mentioned consideration amount and signed before the local Registrar of Sub-Assurances.  For this there is NOC or whatever.... required from other legal heirs and nobody else can legally stake any claim in future.

3. IF the Sale Deeds are duly registered, THEN legally you do not have to prove the payment details from legal point of view.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If it's not an ancestral property then there is no stand of other legal heirs. The said owner of self acquired property will have all the rights to devolve it to whoever he wants

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

You can buy the property, by your father executing a registered sale deed in your favor.

If necessary your father can rope in your brothers as attesting wittiness to this registered sale deed.

It may not be necessary for their witness signature also.

Once you have a registered sale deed in your favor, you need not be worried about any litigation that you anticipate in future.

 

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Dear sir,

As per hindu succession act 1956, a son and daughter have a right on self acquired property of their parents if died intestate; whereas in the case of self acquired property a son does not have a legal right to claim the self acquired property of his parents, however they could claim if there is a contribution towards the acquisition of the property. 

Henceforth in your case your father have sold a property to you and you have purchased by paying a proper sale consideration and stamp duty in such a case your brother have no right to claim nor to serve a notice to you on this , you can enjoy your property as per law!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Yes, if the details of mode of payment has been mentioned in the sale deed, then there can be no problem to challenge any false claim made by your siblings in the future in this regard.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Its good to buy plot from father. No legal issues will come as its self acquired property of your father.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

No problem, you can buy plot from your Father, before conclude the sale, better give news paper notice above said purchase.

Make sure that, the entire transaction is done  through Bank only.

Sale Deed has to be registered by paying appropriate stamp duty.

Your brothers cannot raise any issue.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes, sale consideration will be mentioned in the  sale deed.  It is fine.

Make sure to have record of payments made in second purchase.

If possible take acknowledgement from the creditors of your father against the payments made by you.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Yes you can go ahead with purchase of property without any worry because it is self acquired property of your father.

2. You must preserve the proof of payment to be done to your father for next purchase so that you can defend yourself in case your brothers file any suit against you in future. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

The property has been sold to you and you have paid for it. It is his self acquired property hence no issues. The brothers can do nothing.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

There has to be some proof that he sold it to you and received consideration for it.

Anyways if he accepts it then its ok. 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Please call 

Mahesh Patel
Advocate, Warangal
9 Answers
2 Consultations

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