I bought four plots of land in the names of my two sons. Do I have any right to the plots purchased?

Queries answered by Raj Lakhotia Founder, Dilsewill

Q.I bought four plots of land in the names of my two sons, who were 19 and 17 years old at the time. Do I have any right to the plots purchased with my savings? — R. Phulari Q

According to the information provided, your sons are the absolute owners of the properties in question. You do not have any right to the properties as these are in their names. However, you can create a charge against the plots, for the money you have paid while purchasing the same.

Q.I bought a property in 2003 with my father as a co-applicant. The loan was entirely paid with my salary in 18 years. My father passed away in 2004 without a will. I want to sell this flat and my mother and two siblings are fine with it. What documentation do I need from my mother and siblings for the transfer of their share in the property in my name? — A. Sandhan

It appears that the father’s share has already been transferred to his legal heirs as per the Hindu Succession Act 1956. You may consider making the other co-owners co-sellers in order to execute the sale of property and asking them to gift you the consideration they will be receiving as co-sellers. You can also get the remaining share from the other co-owners transferred in your name by executing a gift deed.

Q.If my father has a property in his name, will the successor be the son/daughter or my mom in case there is no will? Can the brother/sister of my father make a claim to the property? — M. Jain

Assuming your father is a Hindu male and subject to his will, if any, his property will be transferred to class I legal heirs in equal proportion as per Section 8 of the Hindu Succession Act 1956. In this case, his assets shall be divided equally among class I legal heirs, that is, his wife, children and mother. Your father’s brother/sister are class II legal heirs, who can get a share only if class I legal heirs are not available and, hence, they can’t make any claim.

Q.I am 67 years old and my wife is 62. We have a house in my wife’s name and stay with our 35-year-old unmarried son. After my wife passes away, will the house be automatically transferred to my name? Also, what happens if I die first? — P.D. Gupta

If your wife dies without a will, then according to the Hindu Succession Act, her property shall be transferred in your and your son’s name in equal proportion. If she leaves a will, she can bequeath it to anyone she wants. As the property is solely in your wife’s name, after your demise, there is no question of it being transferred to her.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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