Selling propety by parents to help their other son.
saju sathyadevan
(Querist) 08 May 2012
This query is : Resolved
Sir,
My client's father is owner of two types of properties firstly of inherited one and the other acquired out of his own earnings. At present the father is a retired govt. employee. Now father wants to sell off some part of acquired property and some part of inherited property and help my client's younger brother for his business. My client is not willing to sell both properties. He wants that till the death of the parents both properties should be kept intact and after their death all properties to be devided equally amoung both brothers and then do what ever each wants to do. But father, out of sheer love and affection towards his younger son and being adamant wants to sell out properties.Can he do that? How could my client stop his father. Please advise with relevant sections and case laws if any.
ajay sethi
(Expert) 08 May 2012
father can sell of his self acquired properties . he is full owner nad has full power to alienate the said properties . you dont need case laws for it
A V Vishal
(Expert) 08 May 2012
Yes your client's father has absolute power to dispose his self acquired property as per his own sweet will. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. The father has also one share assuming there is a partition of the property. Hence your client cannot proceed legally to stop the sale.
Shonee Kapoor
(Expert) 09 May 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shashikant V. Patil
(Expert) 09 May 2012
Experts are correct to say. Rather you can insist for partition of the property to safeguard your share running in ancestral property.
