Sale of property

Liked the way two learned persons agree to disagree in a decent way.

Now, the query remains unreplied without Shri TGK stating such citation.

Shri G. L. N. Prasad

Dear Sir

I give my Reply to you whether or not it's acceptable to the EXPERTS and MEMBERS of lawyersclubindia.

According to Section 20(2) of The Hindu Adoptions and Maintenance Act, 1956, a child has to be maintained so long as it is a minor.     This must include a child in the womb.

According to Section 18 of the above act a wife has to be maintained.

These are the rights.

According to Section 6 (dd) of The Transfer of Property Act, a right to future maintenance can't be transferred.     A child in the womb has no present maintenance but has future maintenance.

If a person wants to sell his property bona fide he has to approach Court for permission.     It may take some time for me to search for citation in this regard.     But without this also, my Reply is, I think, acceptable.

Yours faithfully

TGK REDDI

I am not the queriest that posted that issue.  But, I know a reverse case and for appreciation of the law post the facts,

I know one case, where the only son without any formal education with three minor children to support and was  depending on father.

The father who held a very high position in MNC  invested all his retirement benefits to purchase agricultural land (minor tank/stream) and developed it to a commercial place.  His mother mortgaged the only residential building for super constructions.  The investment in land was in only son, as it is the qualification to get a petroleum retail outlet.  As the owner of commercial plot, son secured dealership.  The son with selfish motive to exclusively for himself, during his father's life time with out his consent and knowledge, when father was a  patient, signed a pre dated agreement to sell in favour of his father in law in 1964 , who is living with him in the same house with his family. ( No one is aware of this for 40 years, as the property is lease with a Public sector undertaking.  PSU has been sending lease rent regularly till 2000 in name of son only.)   Father died after 3 months hospitalization leaving his wife, minor daughter penniless.   Father in law filed specific performance suit, stating that he has paid some dues of son in law, managed to get expartee suit after father's death.  Son in law has wihdrawn from dealership, got the dealership into a firm, and  reconstituted dealership with his wife as a partner with his father in law, telling to all public that he was left penniless and his father has incurred huge debts.  

The mother and  his minor sister lived in utter poverty for 16 years as they do not want to burden son who is having four minor children without any income.

The brother in laws have driven the son outside stating that the property was theirs and he lived for 35 years running STD booth, watchman etc.at a distant place, as Public in his own place knows of his status as rich and  Petrol bunk owner .

ather in law suddenly expired without writing a will in 1973.  However this property was not disclosed in their written partition deed and separation in 1973.

The father in law sons wanted to suppress the entire dealings, filed a collusive partition suit in 1999  by paying Rs.200/-court fee among themselves, 25 years after death of FIL (Grandsons . when father was very much living, filed this partition suit claiming that the property was purchased by grandfather in court auction in 1971,, suppressing the truth of partition and separation in 1973, without impleading necessary parties (as they were in different places and not knowing the truth that property was in the name of their father) in 1999 (After the death of such famous son who was receiving lease rent)

Mother has come to know of this treachery only in  Dec, 2007 only when some one told her of the judgment in 2007 Oct.

Plaintiff and defendant in that expartee decree of 1968 expired.  The possession was with PSU oil company and dealership was in the name of FIL.,  When she has filed partition suit, the dealer has withdrawn the suit, given shares to other legal heirs  to those who wanted to keep it as secret got a compromise deed, as an award from Legal Services Authority, and sold the property as though he was having possession.

The PSU has never stated the name of lessor to Public or in Court till now and says that they have taken on lease, holding on lease and paying lease rent to the concerned from beginning till to day.

Partition suit filed by mother dismissed stating that she was never in possession of the property, and the property is self acquired property of his son.

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The most interesting  part in conspiracy  was that of PSU that has taken the lease.  They have taken a stand that they do not have any records and they need not provide any information on incidents that have taken place 20 years back.  They never stated about the lease of 40 years.  They never stated that the son was never indebted to them, (and there was never any consideration for the alleged sale of commercial space worth 3.5 lakhs for petty Rs.22,000 by son to his father in law)

This is the practical case I am stating and not a story of any movie.  This is the background in which I felt interested in the query.

The original query was on father selling his self acquired property to one of his son.

These facts are son selling self acquired property of father kept in his name for getting dealership, selling away to his FIL stating that it is his self acquired property as it is in his name, though he was never in any occupation during his enire life time prior to acquiring of the property.

I have nothing to call any more.  I served an Ace and rested my case!

The difficultly in the forum is experts do not use atleast 5 minutes in a year, to state the law in a particular issue when there is confusion.

 There are thousands of experts in the forum,If experts use atleast 5 minutes in one year to provide their view and healthy discussions are leading to offending each other, side tracking the issue.

Needs a good and understanding Moderator, to uplift he image back to he original high status as leading forum in free guidance on law matters.  There is also no contol in spam.  May be even Rs.5/- contribution by a member makes the forum financially viable.