Father not giving property --wants to sale
Querist :
Anonymous
(Querist) 06 November 2011
This query is : Resolved
Dear Sir,
My father purchased some property on my name when I was a kid, now he says he don’t want to give it to me. Either he wants to sale that or want to give to his brothers children who are moving closely with him, right now he is staying with them. My question is can he do that legally? Can he make a WILL or gift deed for them? He says it is his earning. I am 32 years now. Please advice, thanks in advance.
adv. rajeev ( rajoo )
(Expert) 06 November 2011
Your father cannot do anything when the property is in your name. He cannot make a will or gift it to anybody.Eventhough if he executes any will or gift it amounts to illegal documents.
Guest
(Expert) 06 November 2011
Since you are major by age, no decision for and on of behalf you can be taken by your father. Since the property is in your own name, irrespective of whether purchased by his own earning, cannot now be disposed off by him in any way.
prabhakar singh
(Expert) 06 November 2011
May be your father purchased the properties during your minority but right since then law is recognizing you owner there of.
Your father is nonest in law of all those properties standing in your name and he is incapacitated to deal them in any manner,be it sale,gift,lease,or will etc..
you are the sole owner having all rights without any check from any body.
a.manoharan
(Expert) 06 November 2011
i agree with all experts. please discuss here further about benami transaction
N.K.Assumi
(Expert) 06 November 2011
Benami transaction is prohibited.
prabhakar singh
(Expert) 06 November 2011
IT would be hard to call it BENAMI as property was gained in minority,may be considered gift of cash and acquisition thereby.
Moreover to set up a right that it is BENAMI
father would have to bring a law suit for declaration,he can not out right suppose it BENAMI and start dealing with it.
