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Author Topic: Father-Son Property  (Read 1738 times)

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Offline lamhetere

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Father-Son Property
« on: May 04, 2015, 09:04:19 AM »
Hello.
I have properties that was passed to me from my father and also property that I purchased myself. I have two sons. My eldest son is not under my control since childhood and has made verbal violence against my family and me as well as the property on we live. My neighbors and relatives acknowledge this. I have phone recordings to show his threats against me. I do not want to pass any of my property to him and I would like to leave him out and not pass anything onto him. Can I do this in anyway?

Thank you.

Offline Advocate M.Bhadra

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Re: Father-Son Property
« Reply #1 on: May 04, 2015, 07:36:12 PM »
During your life time your sons have no right over the property,but if you died intetate (without making WILL) then your both son would have equal right.So you can transfer absolute your property by a registered Deed of Gift to younger son during your life time or make a WILL in favour of younger son.


M.Bhadra,advocate at Kolkata,9836589246

Offline lamhetere

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Re: Father-Son Property
« Reply #2 on: May 05, 2015, 06:18:36 AM »
This is true for both the properties that I purchased and the properties that I inherited from my father? I live in the state of Rajasthan.

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Offline saravanan.s

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Re: Father-Son Property
« Reply #3 on: May 05, 2015, 07:20:52 AM »
as far as the property that is inherited from your father if he had willed it or gifted it then your elder son cant claim any rights over it unless you die intestate

Offline lamhetere

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Re: Father-Son Property
« Reply #4 on: May 06, 2015, 09:12:21 AM »
There's no written proof from my father that he willed it or gifted it to me. After my father, my brother and I took half of the inheritance. Half of the father's properties my brother took and half I took. Can my elder son still claim it?

Offline lamhetere

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Re: Father-Son Property
« Reply #5 on: May 11, 2015, 08:16:11 AM »
Any advice?

Offline lamhetere

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Re: Father-Son Property
« Reply #6 on: June 08, 2015, 11:30:45 AM »
Even if he was not born at the time of the passing of my father.

Offline kphk

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Re: Father-Son Property
« Reply #7 on: June 09, 2015, 05:26:19 AM »
Which place do you belong to ? I ask this because there are majorly two schools of inheritance - Dhayabaga and Mitakshara. Based on the school you belong to, you suffer different legal implications. Unless that is revealed nothing can be told.

Offline lamhetere

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Re: Father-Son Property
« Reply #8 on: June 09, 2015, 12:46:25 PM »
I"m from Rajasthan.

Offline lamhetere

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Re: Father-Son Property
« Reply #9 on: June 18, 2015, 07:32:04 AM »
?

Offline kphk

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Re: Father-Son Property
« Reply #10 on: June 18, 2015, 10:03:02 AM »
most probably you fall under the mitakshara school and everyone has a share in your fathers property. you cannot take away your eldest sons share in the property in which he has rights by birth. you can only save your property and your share in the inherited property from passing on to your eldest son.

 

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