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UMy mother purchased a property in her name during her lifetime, but the consideration money was paid by my father. My mother has now passed away intestate (without a will). She is survived by my father and two sons (elder and younger).
My father has been living with my younger brother for the last 8 years and appears to be under his influence. My concern is that my father may try to transfer or sell the entire property to the younger son claiming that he had originally paid for the property even though it was registered in my mother’s name.
I want legal clarity on the following points under Hindu succession law and Indian property law:After the death of the mother without a will, does the property devolve equally upon the husband and both sons?
Can the father legally sell or gift the entire property merely because he had paid the purchase consideration?
Does the Benami Transactions law affect such a situation where husband paid but property stood in wife’s name?
What legal remedies are available to the elder son to protect his share?
Should the elder son immediately file a partition suit and injunction to prevent transfer/sale?
If father executes a sale deed/gift deed for the entire property, how can it be challenged?
Disclaimer: Formatted using AI
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Uthe Hindu Succession Act, 1956, when a married woman dies without a Will (intestate), her property is inherited equally by her Class I heirs.
The Legal Heirs: For a wife and mother, the Class I heirs are her husband, sons, and daughters.This means the property devolves equally upon your father, your younger brother, and you. Each of you inherits a 1/3rd undivided share.
The fact that your father paid the purchase price does not make him the sole owner; the property belonged to your mother, and her death triggered this inheritance.Your father, he cannot sell or gift your share. As a co-owner (holding a 1/3rd share), he is legally entitled to transfer only his own undivided 1/3rd portion.
He cannot sell the entire property or the 2/3rd share belonging to you and your brother without your explicit consent. Any such transfer would be legally voidable and can be challenged in court.
· “Influence” on Your Father: If your father is unduly influenced, and any transfer document is obtained through coercion, fraud, or misrepresentation, it is considered voidable and can be legally set aside.
Regards
Lawyer Khaleel
Chennai -
Uthis kind of situation usually becomes sensitive because family dynamics and legal ownership start getting mixed together especially after one persons death the part that tends to matter most is what the property records currently show because once something was purchased and registered in one name the later claim about who paid can become a separate issue on its own also when there is fear of transfer happening quietly timing starts mattering more than people realise have there been any actual steps taken yet toward transferring or selling the property or is it mainly your concern based on how things have been between your father and younger brother so far
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QThe property is equally divided among the legal heirs as per Hindu succession act irrespective of who paid the entire sale consideration because after the death of the owner the question of benami transaction cannot be proven easily if you decide to fight it in court . the best solution to this issue is to settle the matter amicably but in case you fear your share can be snatched from you you may file a case of partition with permanent injunction and possession of your share,then the father and the other son cannot sell or change the structure of the property (by structure I mean the people who are in possession will remain in possession as it was before the filing of the case ) and no changes or sale can happen before the disposal of the case
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