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Padma   10 August 2016

Legal rights on property of deceased father

This is the case. A man bought a plot 30 yrs back with his hard earned money. 20yrs back his son gave him money to build a house. He has one son and 2 daughters. He passed away leaving no will and the sale deed of land is left in his name. The son claims the property is his own as he gave money to build the house. Please clarify if his claim is right.


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 3 Replies

Kumar Doab (FIN)     10 August 2016

It is believed that you are Hindu.

The ClassI legal heirs have equal share i.e. mother, wife, sons and daughters.

The son may establish he paid monies and has proportionate stake.

Try amicable settlement and registered family settlement.

 

saravanan s (legal advisor)     10 August 2016

Even though the son had spent money to build the house sonce the land is registered on the deceased fathers name and he had died intestate all his class one legal heirs will get equal share

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 August 2016

The payment of the sale consideration has got no concern. Rather that would render the entire transaction to be a benami transaction.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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