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sailik sadhukha (school teacher)     24 May 2014

Father's right to the property which he bought in mother's n

my father has bought a house(actually the land of that house) in my mother's name..though he has documents(like income tax file where it has been shown that he spent a substantial amount of money for the house)..does my father has any right on that house??can he file any case to regain the ownership??can he give it to me??plz help..thanks in advance



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 7 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     24 May 2014

Yes you father can claim the ownership of this property as in actual he is the owneras he has spent all his money to get it purchased and to built up the property. he has to move in the civil court with a declaration case for the property and then after he can give this propeerty to you and not before this execution of the case.As the ownership rights has to be transferred in his name before he transfer the property to you.

Advocate Ravinder (Advocate/Attorney)     24 May 2014

To my knowledge, once the property is registered in mother name, it is her own property. Somebody clarify. on this point.

G. Y. Sharma (Advocate)     24 May 2014

Dear Questioner,

What else Sri. Anand Bali, Advocate has suggested you is the best alternative. Let your father first go for a Declaratory Suit against your Mother and get a decree of declaration stating that the property belongs to him alone. If your mother had no independent income or any source of income of her own by the date of purchase of the property, it would be an added advantage for the said declaratory suit. Your father has to approach the court of law with ample evidence showing his complete contribution for the property. 

Thats all.

Truly Yours,

GY Sharma, Advocate, Warangal.

+91 98 493 45 755

Dr J C Vashista (Advocate)     24 May 2014

Father has no claim even if he has purchased the property as Benami i.e., in the name of hiis wife, she is exclusive owner

sailik sadhukha (school teacher)     24 May 2014

yes Mr Sharma, she is and was a housewife with no source of income..

T. Kalaiselvan, Advocate (Advocate)     24 May 2014

Even in my opinion the property in the hand of your mother becomes her own exclusive property and also becomes a married women's property on which nobody can stake any claim whatsoever, however as learned advocate Mr.Bali suggested, you may file a declaratory suit and wait for the court's judgment.  The question of independent income to purchase the property will not arise to the property in the women's hand.

Manikandan (Advocate)     25 May 2014

The land is in your mother's name. So the property is self acquire property to your mother. hence your father did not get regain it. But your mother is to give the property to you by WIL or gift. but your father will not regain the property.  


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