Property registered in my name at the age of 15
Manoharan
(Querist) 16 January 2014
This query is : Resolved
My name is Manoharan K . My father died recently without making a will and without making a partition.
But when I was a minor (age 15 ) , he bought a land in my name and registered the same in my name in 1973. He was guardian then.
Now my sister applied for a partition suit in the total property, claimg ancester property ( my grand father) and self acquired property of my father.
My query is whether the propert registered in my name will be included in the total property or will it be excluded . Can I sell or make settlement to my daughter ?
Please give your expert opinion.
K Manoharan
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
Your sister has got rights over her legitimate share out of your father's intestate properties including the properties he inherited from his father and the properties he bought on your name during your minority.
Dr J C Vashista
(Expert) 17 January 2014
1. Your sister can have share in ancestral property inherited by you.
2. The property registered in your name will be excluded, being self-acquired. You can dispose it of as you desire.
Devajyoti Barman
(Expert) 17 January 2014
Well the property bought in your name will be treated as your self acquired property and the same is not amenable for partition.
R.K Nanda
(Expert) 17 January 2014
NOTHING TO ADD MORE.
ajay sethi
(Expert) 17 January 2014
your sister can claim share in ancestral property belonging to your grand father and also in self acquired property of your father .
ajay sethi
(Expert) 17 January 2014
as far as properties bought in your name are concerned same were bought when you were a minor and not earning .you had no source of funds to buy said property . your sister can claim share
Guest
(Expert) 17 January 2014
Your Father had purchased the property in your name making himself as guardian.Once you had become Major YOU ARE THE ABSOLUTE OWNER irrespective of his demise.And it will not come in the List of your father's property at all Either self acquired or ancestral.Still you would be eligible for the shares in his other assets
Rajendra K Goyal
(Expert) 17 January 2014
Agree with the experts Dr J C Vashista Devajyoti Barman, N.J.S.Rajkumar alias narasimha sir.
The property in your name will be treated as your self acquired property your sister has no claim on it.
On ancestral and self acquired property of your father your sister has share.
Guest
(Expert) 17 January 2014
Including your self(in continuation to Mr.R.K.G and the confirmation of Expert Mr.Mallipeddi Jaggarao also)
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
The property bought on your name during minority is a confirmation that it is a benami transaction, especially at the time when you had no income of your own, thereby it confirms that it is the self acquired property of your father who died intestate, thus as a legal heir your sister is automatically entitled to her right of legitimate share in the said property too. You will not be an absolute owner if it is disputed before court of law. I dont know how other experts have interpreted this subject.
Guest
(Expert) 17 January 2014
First of all the purchase on behalf of minor is not a benami transaction.Even otherwise if we take in to consideration what Mr.T.K.S wants to confirm a self acquired property could be assigned to any one of their own choice.
Advocate. Arunagiri
(Expert) 17 January 2014
Buying a property in minor's name is not a benami transaction.
malipeddi jaggarao
(Expert) 18 January 2014
The father purchased the land in the name of his son who is minor. He became major and father died.
Here, the question is not to say about the transaction - whether it is benami or not.
the question is father has already identified his son as owner of the property during his life time.
The point for discussion should be - whether father has purchased this land with his his earnings or with the earnings generated out of the ancestral property in his hands. The query is silent regarding this point.
My opinion stands - if the father purchased the land in the name of his minor son with his own earnings (for that matter not with the earnings generated out of the ancestral property in his hands), the property registered in the name of minor son, who became major later and after father's demise, this is treated as self-acquired property of the son. Hence there is no question of share in the property to any other legal heirs.
If the claimant can prove that this property is purchased with the income generated out of the ancestral property in the hands of the father, though it is registered in the name of his minor son, after the demise of father, the claimant has to prove this fact for claiming his/her share.
In my initial reply I presume that the property is purchased with the earnings of the father. Now this post is addition to my initial reply.
Rajendra K Goyal
(Expert) 18 January 2014
Ld. expert malipeddi jaggarao Sir,
The income generated from the ancestral property is used as treated as own income and is not segregated as ancestral till separate account is maintained specifically for the purpose. Generally such type of accounting is not maintained. Practically the property remains ancestral and not the income from it in the hand of heirs.
Please oblige correction if wrong.
malipeddi jaggarao
(Expert) 20 January 2014
Agreed Shri Rajendra Goyalji:
Please verify my reply which endorses your above opinion:
"If the claimant can prove that this property is purchased with the income generated out of the ancestral property in the hands of the father, though it is registered in the name of his minor son, after the demise of father, the claimant has to prove this fact for claiming his/her share."
V R SHROFF
(Expert) 20 January 2014
It may be gifted::
Under all circumstances., u r absolute owner of property on your name, and can sell or do whatever u wish.
It is irrelevent u were earning when minor or not.. FATHER'S wISH.
Guest
(Expert) 20 January 2014
Agreed with Mr,V.R.Sfroff
Manoharan
(Querist) 21 January 2014
I thank all experts for their valuable contributions in the subject.
K Manaohran
