land purchased by father in mothers name by hindu family
r.pratap
(Querist) 09 August 2015
This query is : Resolved
Sir
my father purchased an agricultural land in my mother, s name a nd mothe is house wife and not earning
.whethe she can write will for any other brother, s name or we all children have right and how to prove that it was purchased from my father, income as this is cash transaction and way back in 1970s .
thanks
Rudrawar Narayanreddy
(Expert) 09 August 2015
Ur case does not attract benami transactions act u can file suit and claim ur share
M/s. Y-not legal services
(Expert) 09 August 2015
unless there is no arrangements made by your mother regard her property and she passed away mean you can claim your share.
you can not claim your share by simple partition..
but if you can prove that the property purchased out of joined family income mean you can..
r.pratap
(Querist) 09 August 2015
Thanks, sir,
r.pratap
(Querist) 09 August 2015
Sir
In the above case ,can I file declaration suit in revenue court it being agricultural land in her life time .
Kumar Doab
(Expert) 09 August 2015
You have posted that:
"my father purchased an agricultural land in my mother, s name a nd mothe is house wife and not earning
.whethe she can write will for any other brother, s name or we all children have right and how to prove that it was purchased from my father, income as this is cash transaction and way back in 1970s ."
The husband bought land in the name of her wife from his (husband's) income.
Thus at the maximum the wife got property from her husbands side.
How come children attain stake in it, in the life time of mother/father!
It seems that she can give it away to anyone in her life time as it pleases to her.
Rajendra K Goyal
(Expert) 09 August 2015
Mother has all rights to gift / sell / mortgage / will the property as she wish. Son can not object to it.
r.pratap
(Querist) 09 August 2015
Sir
as guided by Ynot legal services above, since land is joint family property as my father is no more alive , can I not challanged my mothers action as she is only trustee on behalf of us since she did not purchase it only her name is used and since it is not barred by benami transaction etc.kindly throw some more light.
thanks.
Kumar Doab
(Expert) 09 August 2015
Query is also posted at:
http://www.lawyersclubindia.com/experts/release-deed-or-quit-claim-in-india-552471.asp#.VccuorV-jMp
Kumar Doab
(Expert) 09 August 2015
Query is also posted at:
http://www.lawyersclubindia.com/experts/property-inherited-by-widow-mother-whether-ancestral--552736.asp
T. Kalaiselvan, Advocate
(Expert) 17 August 2015
The property though purchased by your father, stands on your mother's name hence she is the absolute owner by which she can transact with the property in any manner she desires and she can bequeath the property to anyone of her choice, you cannot claim any right in it.
