Querist :
Anonymous
(Querist) 26 October 2011
This query is : Resolved
happy diwali to all the members.
1)my fatherinlaw sold his selfearned property.2)after selling he got cheque from the purchaser.3)that particular cheque was on my fatherinlaw name4)he deposited that cheque in joint account which holds names of my fatherinlaw,hiswife,his son,his daughter. 5)with that particular money he buyed a flatfor his son.by himself giving cheque to the builder. agreements & share certificate are on his son name.now the son is selling the flat.mother and daughter are asking share saying that it is a joint property.6)i want to know weather it is a joint family property.and will they get share in the particular flat which he buyed for his son.fatherinlaw has expired
Raj Kumar Makkad
(Expert) 26 October 2011
No. The son in whose name property was purchased is the only owner and no other person has share therein irrespective of the fact that the money was incurred out of joint account by his father.
Adv.Shine Thomas
(Expert) 27 October 2011
It is not a joint family property.The son is the only owner.
Sailesh Kumar Shah
(Expert) 27 October 2011
Only son is absolute owner of property.
Guest
(Expert) 27 October 2011
Had the father intended to distribute parts of the sale proceeds of the property between his wife, son and daughter, he would not have repurchased the property in the single name of his son only. The property when registered in the name of the son comes under his sole ownership. So, the wife and daughter cannot claim any part of the sale proceeds of the present property, as registered in the name of the son.
Any amount of sale proceeds deposited earlier in a joint account of family members by the owner of the property (your father-in-law) does not automatically bestow any right on the joint holders of the account to claim any part of that income.
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