Legal Question in Real Estate Law in India
fix the ownership.
A property was purchased by a hindu father , 4 THE BENEFIT/USE of his family, from his own funds but in the name of one of his son(SUCH SON WAS NOT HAVING ANY INDEPENDENT SOURCE OF INCOME OF HIS OWN). WHAT WILL B the status of the ownership of that property. whether that property b called a joint family property or that will b the called me exclusive property of the child in whose name the same was purchased.
3 Answers from Attorneys
Re: fix the ownership.
that would be called the exclusive property being owned by the father only despite the fact the same is registered in the name of son. as son had no independent income, father may show that the property was purchased out of his own funds.
Re: fix the ownership.
HUF property can be purchased in the name of one of its members. I believe you must have stated in the deed by which property was purchased same thing which you have stated in this query.
Re: fix the ownership.
Unless there are other facts/documents, the ownership should in ordinary course belong to the person whose funds were used for consideration and in this case the father; On the death of father, all the legal heirs will be entitled to share; and the father is alive, he may recover the title back by filing a suit for declaration.
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