self aquired property
kuldeep kumar
(Querist) 02 July 2011
This query is : Resolved
if plots of lands purchased by any person fro self earned income can become subject of partition among his sons.
can father who have purchased such plots of land refuse to give to any of his sons any plot of lands.
what if father has purchased plot and registeretd in name of son when son is studying and now son after marriage want to take another piece of land from his father in the name of partition.
in above query everything is self earned property by father and nothing belongs to sons except the piece of land registered in his name when he was studying.
pls give me any legal adive and explain any provision of law and case law.thanx very much
R.Ramachandran
(Expert) 02 July 2011
In the self acquired property of a person, nobody else has any right (whether it is that person's wife, son, daughter, father, mother etc.). The person who has purchased the property out of his self-earned money can do anything that he wants to do with the property. If any property has been purchased in the name of a particular son by the father, then that property would belong to the son in whose name the property has been purchased (whether when the son was a minor, major or whatever.).
But the son cannot at all demand anything as a matter of right from his father's self earned property. If the father himself wants to give something to his son that is different. But one cannot demand. If the father does not give anything, then the son/daughter/wife cannot at all complain.
vinay vaidhya
(Expert) 02 July 2011
Any person who has purchased by self earned income he is the absolutely owner of the property If he has registered in his sons name his son become the owner of that property.where is question of partition in this case please re phase the question
prabhakar singh
(Expert) 02 July 2011
what if father has purchased plot and registered in name of son when son is studying and now son after marriage want to take another piece of land from his father in the name of partition.
ans;let son sale and buy other.
kuldeep kumar
(Querist) 03 July 2011
thanx to all think tanks but
one more query sir- in case of ancestoral property can father give property to one son to the exlusion of his other sons.is there any option available to father to give his son all his ancestoral property when other sons have got their shares of equal value out of self acqrd property of father without any agreemnt arrived at among sons and father.
is there any power which vest in father to do justice among his sons when the only thing left is ancestoral property and one son has still got nothing but if this ancestoral property is given to him,his claim is also fulfilled.is there any exception to general rule that ancestoral property shall be divided among all equally.lastly what is best way to get ancetoral property transferred so that a minimum tax is paid (except will).
