propety rights
praj
(Querist) 15 July 2009
This query is : Resolved
a person 80 years old man owns a property, 2 storey building,he has 3 sons and 2 daughters,all of them are married.
the old man stays with the middle one who stay at ground floor,the younger son stay's on 1st floor and the eldest at the top.
now the problem is that the younger son had a fight with his father and left the house and stays some where else,but he want to give his floor on rent,can he? all the propety is on his father name,he has only the (poot nav/bhog nav).
what if he want's to sale his floor?can he?
Is there any limitation for making a will. whether the 80 year old man can make a will?will it be considered?
PALNITKAR V.V.
(Expert) 15 July 2009
If the old man is the absolute owner of the entire building and if it is his self acquired property, the younger son can not give the property on rent nor can he transfer it in any manner. If the building is the self acquired property of the old man, he can make will of the entire building. The will can be considered if it not tainted with circumstances like fraud, unsoundness of mind etc.
Y V Vishweshwar Rao
(Expert) 15 July 2009
The Opinion of Shri Palnitkar is correct and I agree with his opinion !
Nu.Delhi.Law.Fora.
(Expert) 16 July 2009
As already advisced, so long as the father patriarch is living hale & hearty, both bodily and mentally, there is no operation of aspect of limitation which can operate against the creation of Will by him. Since he is at 80 yrs of age, then circumstances would play a vital role when challenged in future by any of the interested parties most alleging a foul play since his old age. Otherwise, as already said, it depends from case t case.
Secondly, the son cant sale his floor since he is not the abolute owner of the property.
Trust this would suffice.
Jayashree Hariharan
(Expert) 16 July 2009
The only question here is if the property is ancestral or self acquired.
if it is self acquired, then the elderly person can do as he pleases, provided it is not already partitioned among his offsprings.
In case it is ancestral, then settlement has to be done, as to the share of the property among everyone. Then only the younger son can do as he pleases.
Best wishes.
a.manoharan
(Expert) 18 July 2009
CONSCIOUSLY WITH GOOD FAITH SPEAKING , WE , THE EXPERTS , MAY NOT ANSWER FOR THIS QUARY. BECAUSE, THE SON DOES NOT COME WITH HIS CLEAN HANDS. WHAT HE IS GOING TO ACHIEVE WEALTHY , MENTALLY, PHYSICALLY BY DISTURBING HIS FATHER. PLEASE FORGIVE ME IN ADVANCE , IF IT IS WRONG.
