property dispute between father and his son
ravi
(Querist) 18 February 2011
This query is : Resolved
two brother which remains separate , one of them "younger" remains with his father and second one "elder" remains with his spouse, they have a house which is earned by father which is in "red line area"
and father have possession over it, but now father wants to sell the house to third party, and a agreement between father and third party has been written, but registry remains pending, father does not wish to give the share to his elder son. now the question is that can elder son challenge the property or his share if yes can he challenge before registry ? ..... pls reply
A V Vishal
(Expert) 18 February 2011
Since property is self acquired and the sons cannot claim share/right over the same during the lifetime of the father. The father sell/gift/donate or do what ever he wants with the property, no son can challenge his rights before any authority/fora/court.
M V Gupta
(Expert) 20 February 2011
Although father has every authority to sell the house, the purchaser may insist for vacant possession of the house to complete the sale. The real problem will arise if the elder son who is staying in the house refuses to vacate the house.
