House

YOUR QUERY IS SILENT ON THE STATUS OF THE PROPERTY VIZ. WHETHER IT IS A SELF ACQUIRED OR ANCESTRAL PROPERTY, IF IT IS THE FORMER THAN HE CAN ALIENATE THE PROPERTY IN ANY MODE OF TRANSFER TO YOU, ELSE COMPLETE DETAILS ARE REQUIRED TO ADVISE FURTHER.

Hi Vishal,

Situation is like this.

My father purchased a house. Now he wants to be sold to me. My both siblings are out of India.

I had the case where my father had agricultral land. When I asked for selling the land to me I was told I have to be come first Kisan. In that scenarion the land was to be first assign in the name of all the member of family and then my father cannot sell it to me but he can only distribute to me or only by my siblings persmission it can become in my name.

So keeping that in mind the flat scenario where it is now in my father's name, how true it is that he cannot sale that to me but he can register that to my name only if my sibling agrees for that.

Please reply...

The situation is different here, your father can perfectly sell/gift/will the property since it is his self acquired property out of his own sources of funds, there is no need for consent of your siblings.

Your father can very well sell the house to you if it is his self earned property.

How Land and flat is different in the eyes of law.

In case of land I was told that all the people in the family will be equal partner to the land and only after they sign on the paper my father can transfer the land.

THE LAND IN QUESTION IS AGRICULTURAL LAND AND THERE ARE SEPARATE LAWS WHICH GOVERN ALIENATION/TRANSFER OF AGRICULTURAL LANDS.

FURTHER YOU HAVE NOT MENTIONED WHETHER THE AGRI LAND IS SELF ACQUIRED OR NOT, MY UNDERSTANDING IS IT IS INHERITED FROM YOUR GRANDFATHER TO YOUR FATHER, HENCE ALL THE CHILDREN HAVE EQUAL RIGHTS IN THE PROPERTY HENCE CONSENT OF ALL CONCERNED WAS TAKEN TO TRANSFER IT IN YOUR NAME.

Thanks a lot Vishal.

However I am not sure why this is permitted. On land part it is inheritted but flat was purachased. I was told all my brother and sister has equal right and hence my father has to devide with all three and without their permission my father cannpot transfer/sell it to me under HUF. What do you think.?

HUF IS A SEPARATE CONCEPT, IF THE PROPERTY IS DERIVED FROM HUF FUNDS THEN CONSENT OF THE BROTHER AND SISTER IS REQUIRED.

Dear sir

recently we have purchase one house,we have made registry,itekal ,TS1,electric conection.now the grand child of the,1st seler file a case of frauad on 2nd party who sell to us we are 3rd party.Reson som amount due of 2nd party,& 1st party is sating 2nd parties registry is false,now what we will do but all document mention above are is on our favour,now people comes from court & bother us. is there any possibelity that case wil go in the favour of 1st party plz help us what to do we have made full payment.

Another problem is that,we have recived notice from muncipalti that house tax is pending of the house of 2-3 years, & we have recived TS1 of our name transferd.after getting TS1.now we have come to know that house tax is pending of that house.we paid 7000 to get TS1 to some muncipalty person.plz help me