Self aquired property rights
Mallikarjuna Gouda
(Querist) 28 September 2014
This query is : Resolved
Dear Sir/madam,
my father was purchased a plot on 2003 his own earning(my father is govt.employee).. on the same plot we are constructed a house last five years before.. house was constructed with bank loan on my father name and bank was given loan on plot.. my question is can i transfer my father name into my mother name property.
my grand father was died last year.. my grand father HAS TWO SONS(ONE IS my father and my UNCLE) still grand father is not divide the his property to my father and uncle.. can i have rights to take my grand father property and my uncle have any share (while divide my grandfather’s property ) in my father own earning property???
ajay sethi
(Expert) 28 September 2014
1) your father is absolute owner of said plot on which house is constructed . unless bank loan is repaid bank will not give consent to transfer of said house . obtain NOC from bank then your father can execute gift deed in favour of your mother .
2) on demise of your grand father in respect of his self acquired property your father and uncle are legal heirs . i presume your grand mother predeceased your grand father and your father does not have any sisters .
3) you have no rights on your grand father property
ajay sethi
(Expert) 29 September 2014
thanks for your appreciation