Self made property transfered to son from second marriage
Johar
(Querist) 03 June 2013
This query is : Resolved
Dear Sir/Madam
I have some question in my mind and hope u will help me out.
1. My father had two marriages. After the demise of first wife he gone for second marriage but later on she also expired. From 1st wife he had two children Boy and Girl and from second one he had one son.
2. My father had self made property and he has transferred his property on to my name through a registered transfer deed. I am from second marriage.The Intekal is also on my name.
3.Both brother and sister are from first marriage are well settled and both of them have their own residence. Both of them are married.
4. I m at present unmarried. Me and my father both we are living in the same property.
5. Does my brother and sister have a right to claim on this property and also does their children have a right to claim on this property.
6. Can they get a stay on this property through court.
7. Can they have a right to throw me out of this property.
I am from Punjab. Does Property Law is same In India or it is different from state to state.
IS THERE IS ANY CLAUSE IN PROPERTY OR HINDU MARRIAGE LAW THROUGH WHICH my brother and sister can claim on this property.
What are the clauses in which I m safe. Should I sell this property or not. Is there is any complications for me in future if something happens to my father.
Regards
Anirudh
(Expert) 03 June 2013
Answer to your queries 5, 6 and 7 is a NO. They do not have any right, they cannot get a stay and they have no right to throw you out of the said property.
Nadeem Qureshi
(Expert) 03 June 2013
Dear Johar
your father is absolute owner of this property and he has all the rights nobody can interfere in his rights.
they (Other children) have no rights at all
Rajendra K Goyal
(Expert) 03 June 2013
Self acquired property can be given as per his wishes (your father), your step brother or sister have no right in it. Moreover, it has already been transferred in your name.
Raj Kumar Makkad
(Expert) 04 June 2013
A person is free to settle his self acquired property as per his free will and wishes which has also been done in the given case.
Johar
(Querist) 05 June 2013
Thanks all of you for ur reply.
Today I met with a lawyer and he told me if your father had one marriage then he can transfer his property to any child. But I my case my father had two marriages so in this regard both wife's children's have equal rights. He suggests me to sell this property and buy a new property on your name otherwise there will be complications in my case.
I may request u please guide me what to do.
Regards
Guest
(Expert) 05 June 2013
The suggestion of the lawyer you consulted is quite irrelevant when there is a registered transfer deed, as made by your father in your name. You need not sell the property to purchase a new one. Your title to property is clear and confirmed.
V R SHROFF
(Expert) 05 June 2013
IT IS YOUR PROPERTY ABSOLUTELY. NO ONE CAN GET STAY OR INTERFERE.
[Ur lawyer trying to safeguard you, to remove any doubt or any fear from your mind, So that u don't hv to worry in future. It is over and above Legal requirement, i.e. 200% safe, instead of present situation of 100% safe, in common language]
